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The Court overruled a preliminary objection based on EALA privilege rules, holding it was premature to bar the applicant’s oral evidence and that a summoned Clerk had to comply with the Court order.
The High Court lacks jurisdiction to inquire into or grant relief concerning the proceedings and resolutions of the National Assembly due to the absolute privilege conferred by Article 100(1) of the Constitution. The petitioner also had alternative remedies available under rule 68 of the Parliamentary Standing Orders, precluding constitutional relief under section 8(2) of the Basic Rights and Duties Enforcement Act. The petitioner, not being a party to the relevant interim court order, cannot derive benefit from it, and there is no cause of action against the respondents for acts of the Natio…
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The High Court lacks jurisdiction to entertain the petition as it challenges National Assembly proceedings and resolutions protected by absolute parliamentary privilege under Article 100(1) of the Constitution. The petitioner also had adequate alternative remedies under rule 68 of the Standing Orders, and no cause of action lies against the respondents for acts of the National Assembly. The petition is legally unsustainable and is struck out with costs.
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The trial court erred in refusing to stay proceedings on counts 1 and 3 after production of a certificate under s. 20(1) of Act No. 3/88, as s. 20(3) mandates a stay of proceedings in such circumstances. The High Court further erred in failing to exercise its revisional jurisdiction to correct this error. The subsequent proceedings on counts 1 and 3 were conducted without jurisdiction and are null and void.
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