(1) Any question as to the interpretation of this constitution
shall be determined by the Court of Appeal sitting as the
constitutional court.
2)…………………………………………
(3) A person who alleges that(a) An Act of Parliament or any other law or anything in or
done under the authority of any law; or
(b) any act or omission by any person or authority, is
inconsistent with or in contravention of a provision of this
Constitution, may petition the constitutional court for a
declaration to that effect, and for redress where appropriate.
(4) Where upon determination of the petition under clause (3)
of this article the constitutional court considers that there is
need for redress in addition to the declaration sought, the
constitutional court may(a) grant an order of redress; or
(b) refer the matter to the High Court to investigate and
determine the appropriate redress.
(5) …………………………………..
(a) …………………………………..
(b) …………………………………..
(6) ……………………………………
(7) …………………………………..
Under this Article, once a party alleges that an Act of Parliament or any law or any act done or
omission by any person or authority under any law is inconsistent with or in contravention of
any provision of the Constitution and seeks declarations and redress, then this court is duty
bound to exercise its jurisdiction to interpret the Constitution.
In the instant petition, the petitioners have alleged:
First that that part of the customary law governing customary marriages under which bride price
is demanded as a condition sine qua non for validating a customary marriage and where, on
dissolution of such a customary marriage, the dissolution is to be validated by a refund of the
30
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents