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The court declined to exercise its inherent powers to dismiss the charge and discharge the accused, finding that the prosecution's reasons for adjournment were genuine and not an abuse of process. The court ordered the prosecution to expedite recovery of exhibits and directed the Deputy Registrar to schedule the case for hearing in the next session.
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The African Commission found Ethiopia violated the presumption of innocence and the right to trial within a reasonable time in the Dergue officials case.
Section 148(5)(a) of the Criminal Procedure Act, as it relates to armed robbery, is violative of Article 15(2)(a) of the Constitution because it lacks a procedure prescribed by law and is arbitrary, but the provision is not struck down immediately; the government is given 18 months to rectify the defect. Section 9(3) of the Act does not violate Article 13(6)(a) as the current system provides sufficient opportunity for the accused to prepare a defence. Non-compliance with section 225(4) is not, per se, violative of Article 107A(2)(b) as it is an administrative issue, not a constitutional defic…
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