JUDGMENT

Introduction

[1] By consent and by order of the High Court dated 14 March 2019, this special case was referred to this court pursuant to s 84 of the Courts of Judicature Act 1964 (CJA) for the following constitutional questions to be determined by this court; so that the appellant's Originating Summons (OS) may be continued and disposed of by the High Court in accordance with the judgment of this court:

(1) Whether s 12 of the Constitution (Amendment) Act 1983 (Act A566), s 2 of the Constitution (Amendment) Act 1984 (Act A584) and s 8 of the Constitution (Amendment) Act 1994 (Act A885) (cumulatively referred to as "the amending Acts") are unconstitutional, null and void and of no effect on the ground that they violate the basic structure of the Federal Constitution (FC); and

(2) Whether the National Security Council Act 2016 (NSCA) is unconstitutional, null and void and of no effect on the following grounds:

(i) it became law pursuant to unconstitutional amendments;

(ii) it was not enacted in accordance with art 149 of the FC; and

(iii) it violates the freedom of movement guaranteed by art 9 Clause (2) of the FC.

[3] However, on an application for a review made by the appellant pursuant to r 137 of the Rules of the Federal Court 1995, this court had on 10 September 2020 allowed the appellant's application and set aside the original panel's decision delivered on 11 February 2020. Hence, the rehearing of the special case before us.