not exceeding two (2) years, to ensure Sub-Sections 148(5)(a), (b), (c), (d)
and (e) of the CPA are amended and aligned with the provisions of the
Charter so as to eliminate, among others, any violation of the Charter and
other instruments ratified by the Respondent State.
179. As regards the prayer, for the release of all persons charged with unbailable
offences within one (1) month from the date of this Judgment under bail
conditions to be set by the Respondent State’s courts, the Court notes that,
notwithstanding its earlier findings herein, there is a wide variety of
circumstances in which the offences for which bail was denied were
committed. Although the Court has re-affirmed the need to avail all accused
persons of bail, it considers that whether bail should be granted in specific
cases and the conditions thereof, is a decision best left for national
authorities to be decided on a case-by-case basis. In the circumstances, the
Court cannot make an omnibus order for the release of all persons
previously charged with unbailable offences without considering their
individual circumstance. In light of the foregoing, the Court rejects the
Applicants’ prayer.
B. Publication
180. The Court recalls that Article 27(1) of the Protocol gives it power to “make
appropriate orders to remedy” violations. In the circumstances, the Court
reaffirms that it can, by way of reparations, order publication of its decisions
suo motu where the circumstances of the case so require.
181. In the instant case, the Court notes that the violations that it has established
affect a significant section of the population in the Respondent State by
reason of the fact that they relate to the exercise of several rights in the
Charter, key among which is the right to a fair trial guaranteed under Article
7 of the Charter.
182. In the circumstances, the Court deems it proper to make an order suo motu
for publication of this Judgment. The Court, therefore, orders the
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