judgment within twelve (12) months. It is therefore evident that Mr Paulo
sought remedies to alleviate personal alleged violations, while in the instant
case, the Applicants seek remedies that include constitutional and
legislative amendments to cater for the public’s interest.
75. Furthermore, the Court’s finding in the Paulo case “… that the Applicant’s
detention pending trial was not without reasonable grounds and that the
refusal to grant him bail does not constitute a violation of his right to liberty”,
expressly limited the decision of the Court to the claim of the Applicant on
the application of Section 148(5)(a)(i) of the CPA vis-a-vis the right to liberty.
It thus did not touch on Sub-sections 148(5)(b)-(e) of the CPA, which were
not raised by Mr. Paulo as it did not concern him.
76. As regards a first decision on the merits, the Court emphasizes that a finding
on the subject matter of a case requires an analysis of arguments and
evidence adduced and a ‘demonstration’ of why the said arguments and
evidence is sufficient or not. In the Paulo case, the Court was presented
with an argument concerning the denial of bail for a person charged with
armed robbery. However, it did not receive any arguments regarding any
other accused persons, nor did it consider arguments regarding the ousting
of the judicial discretion of the Court and the right to be heard due to the
operation of Section 148(5) of the CPA. Therefore, it only made a decision
as regards Section 148(5)(a) of the CPA but it could not have made a
binding decision the other arguments mentioned above.
77. In light of the foregoing, the Court finds that, the Applicants’ claim under
Section 148(5)(a) of the CPA has been settled in accordance with the
principles of the Charter. However, the claims under Sub-Sections
148(5)(b)-(e) of the CPA have not been settled and thus the present
Application complies with Rule 50(2)(g) of the Rules in respect of the said
provisions of the CPA.
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