The Rwandan genocide suspect Vincent Murekezi wants Constitutional Court in Malawi to determine his extradition case, citing use of the bilateral treaty between Malawi and Rwanda which was signed in February and irregularities in the manner the State presented the case in court.
Rwanda was not a designated country for extradition but on 21 February the two countries entered into an extradition treaty.
The State wants to extradite Murekezi, who was naturalised in Malawi, using the treaty, the matter which is currently under contention in the court.
Murekezi lawyer Gift Katundi in his submission before Judge Ruth Chinangwa at High Court in Lilongwe , said any legislation including the extradition treaty with Rwanda has to be laid before Parliament before it is used in the country.
"We were trying to challenge their use of Treaty which essential was just signed by some minister of Malawi and Rwanda. We know under Section 211 of the Constitution that any legislation has to be laid before Parliament," said Katundu.
"So we are trying to say thats a constitutional matter it has to go before a panel of three judges," he said.
The court will rule this week whether the matter can be handled by Constitutional court.
The Rwandan is serving sentence in Malawi Prison after he was convicted by Lilongwe Magistrate's Court of corruption almost nine years after he was tried in absentia.
Murekezi's co-accused Komani Nyasulu was already convicted and served his sentence.