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The Court of Appeal nullified the proceedings for lack of jurisdiction and fair-trial defects, quashed the conviction, and ordered the appellant’s release.
The Court of Appeal held that the trial court lacked jurisdiction because the DPP certificate was issued under the wrong EOCCA provision, so the proceedings were nullities.
The proceedings in both the trial and first appellate courts were a nullity because the certificate conferring jurisdiction was issued under section 12(3) instead of section 12(4) of the Economic and Organized Crimes Control Act, and thus the District Court lacked jurisdiction to try the combination of economic and non-economic offences. Additional procedural and evidentiary defects made a retrial inappropriate.
Source excerpt
The Court of Appeal held that a resident magistrate lacked jurisdiction to try combined economic and non-economic offences under a section 12(3) EOCCA certificate.
The Court of Appeal held that the District Court lacked jurisdiction to try combined economic and non-economic counts without the required DPP consent and transfer certificate.
The trial court lacked jurisdiction to try a combination of economic and non-economic offences without a certificate from the Director of Public Prosecutions, rendering the proceedings and judgment a nullity.
Source excerpt
The Court of Appeal quashed a conviction after finding the trial court lacked jurisdiction to try combined economic and non-economic offences without a section 12(4) certificate.
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