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The Court of Appeal held that the High Court denied the DPP a hearing before quashing bail proceedings and ordered the bail application reheard.
The High Court struck out a bail application for non-citation of section 36(1) of Cap 200 and for being filed in the wrong division.
The Court of Appeal held that jurisdiction over bail under section 29(4)(d) of the EOCCA in serious economic offences lies with the High Court, not the district court or the Economic and Organized Crimes Division.
The High Court held that failure to endorse “drawn and filed” did not make the bail application incompetent, and the preliminary objection failed.
Failure by the applicants to endorse the chamber summons and affidavit is not fatal as section 44(2) of the Advocates Act is not couched in mandatory terms in this context; the omission is curable and does not render the application incompetent.
Source excerpt
The High Court granted bail to five applicants facing economic crime charges, imposing substantial cash or property security, sureties, travel restrictions, and reporting conditions.
Failure to cite section 36(1) of EOCCA in addition to section 29(4)(d) is a fundamental defect that renders the application incompetent, as both provisions must be cited and applied together in bail applications for economic crimes. The omission to endorse the applicant's name on the documents is a curable defect in these circumstances and does not render the application incompetent.
Source excerpt
Failure to cite both section 29(4)(d) and section 36(1) of the EOCCA in a bail application for economic offences renders the application incompetent and incapable of properly moving the court, warranting its being struck out.
Source excerpt
The incorrect citation of the pending case number in the chamber summons and affidavit is a minor and curable defect, as the existence of the pending case is sufficiently established by the charge sheet and the titles of the documents; therefore, the application is competent and should proceed on merit.
Source excerpt
The High Court struck out a bail application after finding the supporting affidavit incurably defective because the verification clause named the applicant rather than the deponent.
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