Reference No.1 of 2007 in support of his Submissions and prayed
that Issue No.1 be answered in the negative.
DETERMINATION ON ISSUE NO.1
23. The above issue is: Whether this is a Matter for Interpretation before
this Honourable Court pursuant to Articles 27(1) and 30(1) & (3) of
the Treaty. Put another way; whether this Court has jurisdiction to
entertain the Reference in accordance with the aforesaid Articles. At
the outset, and for the sake of clarity, we hereunder reproduce
Articles 27 (1), 30(1) & (3) of the Treaty.
24. Article 27(1) reads as follows:“The
Court
shall
initially
have
jurisdiction
over
the
interpretation and application of this Treaty:
Provided that the Court’s jurisdiction to interpret under
this paragraph shall not include the application of any
such interpretation to jurisdiction conferred by the
Treaty on Organs of Partner States.”
25. At this juncture, we may pause and ask ourselves whether the terms
of this Article as they are framed need further clarification. It is
common knowledge that this Court is vested with jurisdiction over
interpretation and application of the Treaty save for the proviso
enshrined in the above Article.
26. Article 30 provides as follows:“1. Subject to the provisions of Article 27 of this Treaty, any
person who is resident in a Partner State may refer for
determination by the Court, the legality of any Act, regulation,
Reference No. 5 of 2013
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