willingness to oversee executive action and to
refuse to countenance behavior that threatens
either basic human rights or the rule of law.”
(Emphasis added).
His Lordship went on to add that:
“It is to my mind unthinkable that in such
circumstances the court should declare itself to be
powerless and stand idly by.”
He then went further to refer to the words of Lord Devlin in
Connelly vs. DPP [1964] 2 All ER 401 at 442: where His Lordship
said that:
“The courts cannot contemplate for a moment the
transference to the executive of the responsibility
for seeing that the process of law is not abused.”
41. We wholly subscribe to the above position and even without
the extended jurisdiction in human rights issues, this Court
cannot stand idly by and declare itself to be impotent of the
capacity to render itself forcefully where the rule of law is
threatened in its eyes and in the eyes of the Treaty.
In submissions, the 2nd Respondent contended partly as follows:
“As stated previously, the 2nd Respondent is of the humble
opinion that if the EACJ declares itself competent to deal with
a case pending before national courts, it would create very
REFERENCE NO.8 OF 2010
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