38. Of interest in the Black’s Law Dictionary at page 943 is the following
statement:
“Concepts of justiciability have been developed to identify appropriate
occasions for judicial action …. The central concept often is elaborated
into more specific categories of justiciability - advisory opinions,
feigned and collusive cases, standing, ripeness, mootness, political
questions and administrative questions.”
39. The 2nd Respondent in submissions has specifically made the argument that
the issues raised involve political questions which the Court should refuse to
take cognizance of or decide, on account of their purely political character, or
because their
determination would involve an encroachment upon the
Executive or Legislative domains.
40. All the arguments made by the Respondents on this point would otherwise
have had merit but for the fact that in the Scheduling Conference, parties agreed
that “the Reference raises triable issues based on the provisions of Articles
6, 7, 27(1) and 30 of the Treaty….” We hold the same view and in discussing
the issue of jurisdiction, we alluded to the fact that once there are triable issues,
then the Court, barring a specific exclusion as to jurisdiction must proceed and
seize the question for determination on their merits.
41. “Triable” has been defined to mean “subject or liable to judiciable
examination and trial” – Black’s Law Dictionary (supra).
In that regard, Article 6(d) of the Treaty provides as follows:
“The fundamental principles that shall govern the achievement of the
objectives of the Community by the Partner States shall include:
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