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The Court of Appeal held the District Court lacked jurisdiction because the DPP’s transfer certificate was issued under the wrong EOCCA provision, nullifying the trial.
The trial court lacked jurisdiction because the certificate conferring jurisdiction was issued under section 12(3) EOCCA, which applies only to economic offences, while the charge included both economic and non-economic offences. The proceedings, conviction, and sentence are null and void.
Source excerpt
The District Court lacked jurisdiction to try the case as the certificate conferring jurisdiction was issued under section 12(3) of the Economic and Organized Crime Control Act, which does not cover charges comprising both economic and non-economic offences. This jurisdictional defect rendered the entire proceedings a nullity, and due to procedural irregularities and evidentiary weaknesses, a retrial was not appropriate.
Source excerpt
The Court of Appeal held that the subordinate court lacked jurisdiction to try combined economic and non-economic offences without proper DPP authorization.
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