Azizah Nawawi JCA:

Introduction

[1] This is an appeal against the decision of the learned High Court Judge delivered on 26 January 2023 which allowed the respondents' Originating Summons ("OS"), inter alia, seeking the following reliefs:

(a) A declaration that ss 4 and 20 of the Extradition Act 1992 are unconstitutional, null, void and of no effect being in contravention of art 4(1) of the Federal Constitution;

(b) A declaration that ss 4 and 20 of the Extradition Act 1992 are unconstitutional, null, void and of no effect being in contravention of art 5(1) and (2) of the Federal Constitution;

(c) A declaration that ss 4 and 20 of the Extradition Act 1992 are unconstitutional, null, void and of no effect being in contravention of art 8(1) and (2) of the Federal Constitution;

(d) A declaration that ss 4 and 20 of the Extradition Act 1992 are unconstitutional, null, void and of no effect being in contravention of art 9(1) and (2) of the Federal Constitution; and

(e) A declaration that ss 4 and 20 of the Extradition Act 1992 are unconstitutional, null, void and of no effect being in contravention of art 121(1) of the Federal Constitution.

The Salient Facts

[2] The respondent