Unanimously,
On Jurisdiction
i.
Dismisses, the objection to its personal jurisdiction;
ii.
Declares that it has jurisdiction.
On Admissibility
iii. Dismisses the objections to the admissibility of the Application
under Articles 56(2), 56(5), 56(6), and 56(7) of the Charter except
in relation to Sub-Section 148(5)(a) of the CPA;
iv. Declares the Application admissible in relation to the claims under
Sub-Sections 148(5)(b)-(e) of the CPA.
On Merits
v. Finds the violation of Article 2 of the Charter by virtue of the
operation of Sub-Sections 148(5)(b) and (e) of the CPA;
vi. Finds the violation of Article 7(1) and 7(1)(b) of the Charter by virtue
of the operation of Sub-section 148(5)(b) and (c) of the CPA;
vii. Finds the violation of Article 1 by virtue of the operation of Subsections 148(5)(b), (c) and (e) of the CPA.
On Reparations
viii. Dismisses the request for an order for release of all persons
charged with unbailable offences;
ix. Orders the Respondent State to take all necessary constitutional
and legislative measures, within a reasonable time, and in any case
not exceeding two (2) years, to ensure that Section 148(5) of the
CPA is amended and aligned with the provisions of the Charter to
eliminate, violations of the Charter;
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