REPUBLIC vs. DIRECTOR-GENERAL OF PRISONS; EX PARTE NTI

JUDGMENT OF JIAGGE J.A. Jiagge J.A. delivered the judgment of the court. The appellant submitted that the High Court had no jurisdiction to deal with the application for habeas corpus as soon as it was made known to that court that the respondent was in custody on the orders of the Armed Forces Revolutionary Council, then corporate Head of State. That the tansitional provisions of the Constitution, 1979, s. 15 (2) make it quite clear that there is a constitutional prohibition placed on the courts in respect of executive, legislative and judicial actions of the Armed Forces Revolutionary Council. That the High Court should have stayed proceedings and referred the matter to the Supreme Court under article 118 (1) and (2) for the interpretation of sections 15 (2) and (3) and 16 of the transitional provisions. The transitional provisions, s. 15 (2) and (3) provides: “(2) For the avoidance of doubt it is hereby declared that no executive, legislative or judicial action .....