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The High Court dismissed a bail application after finding the DPP’s certificate objecting bail satisfied the legal validity test under the Act.
The DPP's certificate objecting to bail fulfills all legal requirements under section 36(2) of the Economic and Organized Crime Control Act; therefore, the court cannot entertain the bail application and must dismiss it.
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The DPP certificate filed under Section 36(2) of the Economic and Organized Crimes Control Act is valid, having met all statutory conditions, and bars the court from granting bail to the applicants; the principle of statutes in pari materia does not apply as per the more recent Court of Appeal decision in Emmanuel Simforian Massawe, which distinguishes criminal cases from constitutional petitions.
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The DPP certificate objecting to bail was validly filed, met all legal requirements, and section 36(2) of EOCCA is not unconstitutional by analogy to section 148(4) of CPA. The applicants are not entitled to bail due to the operative DPP certificate.
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The DPP's certificate met the statutory requirements, and the law does not require the DPP to provide reasons; therefore, the court is bound to deny bail and dismiss the application.
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The DPP's certificate was validly issued in compliance with statutory and judicial requirements, barring the grant of bail. The application for bail is unmaintainable and must be dismissed.
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Once a valid DPP's certificate is filed in accordance with the law, the court is barred from granting bail to the accused, regardless of the stage of trial or the bailability of the offence.
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The High Court dismissed an application for bail after holding that a valid DPP certificate objecting bail barred release pending proceedings.
The DPP's certificate was validly filed and met all statutory requirements. Once such a certificate is filed, the court is barred from granting bail regardless of alleged procedural defects or constitutional arguments, unless and until the relevant statutory provision is declared unconstitutional by a competent court.
Source excerpt
The High Court rejected a preliminary objection to a bail application, but held that a valid DPP certificate under section 36(2) barred bail.
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