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2023 Revised Edition
Contents

Chapter XVI · The Superior Courts

141. Power to issue writs of habeas corpus

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

The Court of Appeal may grant and issue orders in the nature of writs of habeas corpus to bring up before such Court –

(a)

the body of any person to be dealt with according to law; or

(b)

the body of any person illegally or improperly detained in public or private custody, and to discharge or remand and person so brought up or otherwise deal with such person according to law:

Provided that it shall be lawful for the Court of

Appeal to require the body of such person to be brought up before the most convenient Court of First Instance and

130 - Inserted by the First Amendment to the Constitution Sec. 2.

to direct the judge of such court to inquire into and report upon the acts of the alleged imprisonment or detention and to make such provision for the interim custody of the body produced as to such court shall seem right; and the

Court of Appeal shall upon the receipt of such report, make order to discharge or remand the person so alleged to be imprisoned or detained or otherwise deal with such person according to law and the Court of First Instance shall conform to and carry into immediate effect, the order so pronounced or made by the Court of Appeal:

Provided further that if provision be made by law for the exercise by any court, of jurisdiction in respect of the custody and control of minor children, then the

Court of Appeal, if satisfied that any dispute regarding the custody of any such minor child may more properly be dealt with by such court, direct the parties to make application in that court in respect of the custody of such minor child.

Chapter XVII

Finance

Chapter XVIIA

146[CHAPTER XVII a

Chapter XVIII

Public Security

Chapter XVIIIA

National Police Commission

Chapter XIX

The Parliamentary Commissioner for Administration

Chapter XIXA

Commission to Investigate Allegations of Bribery or Corruption

Chapter XIXB

National Procurement Commission

Chapter XX

General

Chapter XXI

Transitional Provisions

Chapter XXII

Interpretation

Chapter XXIII

Repeal

Chapter XXIV

Promulgation of the Constitution

Schedules