6(d) and 7(2) of the Treaty in so far as it offends the principle of separation of powers inherent therein. However, we are not satisfied that that appointment and remuneration of the Special Court’s Judges as outlined in Articles 5 and 8 of the Act respectively has been proven as outlined in Articles 5 and 8 of the Act respectively has been proven to impute partiality the Executive branch of government on the Judges; part. To that extent, therefore, Issue No.3 hereof succeeds in part and fails in part. Issue No.4: 80. Whether the Applicants are entitled to the prayers sought The Applicant sought the following Prayers in the Reference: a. A declaration that the system of administration of justice and governance adopted by Act No.1/26 is not conducive to the effective administration of justice as envisaged in the spirit of Articles 6(d) and 7(2) of the Treaty. b. A Declaration that judicial power is dependent on the Executive, which constitutes a breach of Articles 6(d) and 7(2) of the Treaty. c. A Declaration employed by that that the procedure the Special Court adopted is a by Act No.1/26 breach of and international instruments on the right to an independent and impartial judge as well as the right to a fair trial as provided by Articles 9(d) and 7(2) of the Treaty. d. A declaration that Act No. 1/26 constitutes an infringement violation of the provisions of the Treaty. e. A Declaratory Order for the immediate annulment of Act. No. 1/26. Reference No. 15 of 2014 Page 36 and

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