[2011]DLSC7935 • March 3, 2011 • Supreme Court
REPUBLIC vs. HIGHCOURT, HO; EXPARTE DLAWUO BEDIAKO U & ANOTHER ODUM & OTHERS (INTERESTED PARTIES)
It is provided by the 1992 Constitution, art 130(1) and (3) that: "139. (1) The High Court shall consist of - (a) the Chief Justice (b) not less than twenty Justices of the High Court; and (c) such other Justices of the Superior Court of Judicature as the Chief Justice may,by writing signed by him, request to sit as High Court Justices for any period. (3) There shall be in the High Court such divisions consisting of such number of Justices respectively as the Chief Justice may determine." It is also provided by the Courts Act, 1993 (Act 459), ss I04 and I08 respectively that: "104. Transfer of cases by the Chief Justice (1) Subject to the Constitution, the Chief Justice may by order signed by the Chief Justice transfer a case from a Judge, or Magistrate or Tribunal to any other Judge or Magistrate, and from one Court to any other competent court at any time or stage in the course of proceedings and either with or without an application from any of the parties to the p...