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CaseLaw

Bamaiyi V. AG. Fed (2000) CLR 6(a) (CA)

Brief

  • Certiorari
  • Judicial review
  • Prohibition
  • Powers of AG. Fed
  • Appellate jurisdiction of Court of Appeal
  • Declaratory Judgement

Facts

Applicant was arrested and detained in connection with the attempted murder of Mr. Alex Ibru, publisher of The Guardian Newspapers.

He successfully applied ex-parte to the Federal High Court for leave to enforce his fundamental rights.

He also sought leave of the court to apply for the removal of the report of the Special Investigation Panel into the court for the purpose of being quashed. He also sought a declaration that the Attorney General of the Federation had no power to constitute the Special Investigation Panel (SIP) to investigate alleged commission of crime by him.

The court granted the application for leave and ordered that the applicant be released from detention but refused to grant the request for leave to apply for the quashing of the report of the Special Investigation Panel.

As relates certain motions, applicant's counsel orally applied to the court to refer the following question to the Court of Appeal for determination:

  • "Whether by the provisions of Section 174 of the Constitution or any provision, the Federal Attorney General has the power to constitute the Special Investigation Panel that investigated the applicant and the report which forms the basis of the charge against them before the Magistrate Court?"

    • The trial court agreed and referred the said question to the Court of Appeal for resolution.

Issues

  • 1
    Whether the reference of constitutional question raised by the trial...
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