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The DPP's certificate filed before the court meets all conditions for validity, including relating to a pending criminal case, thus the application for bail cannot be entertained and is dismissed.
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The DPP's certificate objecting to bail met all validity requirements under section 36(2) of the EOCCA, and there is no legal requirement for a seal. The constitutionality of section 36(2) has been upheld by the High Court. Therefore, the court is bound not to grant bail as long as the certificate stands.
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The DPP certificate objecting to bail meets statutory and case law validity requirements; no evidence of bad faith or abuse of process; bail cannot be granted while certificate is in force.
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The DPP certificate denying bail was valid as it met all legal requirements, including being related to a case pending trial (which includes committal proceedings), and the use of plain paper did not invalidate it. Therefore, the court could not proceed to determine the bail application.
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The High Court considered a preliminary objection that a second bail application was barred by functus officio. It struck out the application because the DPP’s certificate remained valid.
High Court ruling on bail pending trial in an economic crimes case. The court upheld the DPP’s certificate under section 36(2) and struck out the application.
The High Court cannot grant bail to the applicants because a valid certificate objecting to bail was filed by the DPP under section 36(2) of the Economic and Organized Crimes Control Act, and the court is bound by statute and Court of Appeal precedent to refrain from granting bail in such circumstances.
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S.36(2) of the Economic and Organized Crimes Control Act remains valid law; once the DPP files a valid certificate under this section, the court is precluded from granting bail to the applicants until the certificate is withdrawn.
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Once a valid certificate by the DPP is filed under Section 36(2) of the Economic and Organized Crimes Control Act, the court is precluded from granting bail, regardless of alleged procedural defects in related affidavits or arguments regarding constitutionality, unless and until the relevant statutory provision is declared unconstitutional by a competent constitutional court.
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The DPP's certificate was validly filed in accordance with Section 36(2) of the Economic and Organized Crimes Control Act. The certificate is a stand-alone document and does not depend on the counter-affidavit or other pleadings. Once such a certificate is filed, the court is precluded from granting bail, regardless of alleged procedural defects or constitutional arguments, as the court is bound by the Court of Appeal's interpretation and cannot declare the provision unconstitutional in this forum.
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