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Omission to cite the offence section in the consent and certificate deprived the trial court of jurisdiction, rendering the proceedings, convictions, and sentences null and void. A retrial is not in the interest of justice due to evidentiary shortfalls.
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The trial court lacked jurisdiction to try the appellants because the consent and certificate conferring jurisdiction did not contain the charging provisions as required by law, rendering the proceedings, convictions, and sentences null and void. However, since the prosecution evidence was not weak and only the jurisdictional documents were defective, a retrial before a competent magistrate is warranted.
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The trial court lacked jurisdiction to try the economic case because the consent and certificate conferring jurisdiction did not contain the charging section as required by law, rendering the proceedings, convictions, and sentences a nullity.
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The High Court granted bail to an accused person in an economic crime case, finding the offences bailable and setting cash deposit, sureties, and travel restrictions.
High Court appeal from a guilty plea conviction was allowed in part, reducing a 30-year sentence for unlawful possession of government trophies to 20 years.
The absence of a formally filed and admitted charge sheet, DPP's consent, and certificate deprived the District Court of jurisdiction to try the appellant for economic offences, rendering the entire proceedings, conviction, and sentence a nullity. A retrial is not appropriate where the foundational charge is non-existent.
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The trial and appellate proceedings were a nullity due to lack of valid consent from the Director of Public Prosecutions as required by law, and the improper admission of documentary evidence further undermined the prosecution's case. A retrial would be unjust as it would allow the prosecution to fill evidentiary gaps, resulting in a miscarriage of justice.
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The prosecution failed to prove the offences against the appellant beyond reasonable doubt due to unreliable and unauthenticated electronic evidence (GPS coordinates, map), lack of established chain of custody for exhibits, material contradictions in witness testimony and documentary evidence, and violation of the appellant's right to be properly heard during disposal proceedings of the government trophy. Consequently, the conviction and sentences were unsafe and must be set aside.
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The trial court acted without jurisdiction because the consent to prosecute did not specify the economic offences, rendering the proceedings, convictions, and sentences a nullity. The deficiencies in the prosecution's evidence preclude an order for retrial.
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The Court of Appeal held that the subordinate court lacked jurisdiction over the economic offences because the consent and transfer certificate were defective.
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