BENIN, JSC
The plaintiff herein seeks a single relief from this court, namely: A declaration that section 96(7) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) as amended by the Criminal Procedure Code (Amendment) Act 2002, (Act 633) contravenes Articles 15(2) and 19(2)(c) of the 1992 Constitution and is therefore null, void and of no effect.
In order to appreciate the ensuing discussion, it is necessary at this early stage to set out the relevant provisions of Act 30 as amended, as well as the Constitution, 1992 upon which this action is founded. Section 96(7) of Act 30 as amended by Section 7 of Act 633 and also as amended by section 41(1)(a) of the Anti
Terrorism Act, 2008 (Act 762) reads:
A court shall refuse to grant bail-
(a)in a case of treason, subversion, murder, robbery, hijacking, piracy, rape and defilement or escape from lawful custody , or acts of terrorism; (b)where a person is being held for extradition to a foreign country.
The relevant pro…