Even if he is suspected of
expeditiously
additional crime he is still entitled to being charged
and either released or properly
detained]
on the orders
of a
competent Court, if not entitled to bail. It must be stated that the administrative
or preventive detention of a person suspected of having committed a crime, as
the Applicant in this case, does not disentitled him to due process. Any detention
for a considerable period of time, as in this case over seven months is a gross
violation of the right to personal liberty and security of the Applicant and a
violation of the obligations of the Defendant as a signatory to the African Charter
on Human and Peoples’ Rights, the International Covenant on Civil and Political
Rights, the Universal Declaration of Human rights and Customary International
Law.
The Courts, Domestic, or International must rise up to the occasion by asserting
their independence, providing succor to persons, even in the face of suspicion of
having committed
offences, no matter how heinous, discourage to the barest
minimum executive lawlessness and impunity. If not so, our democratic society
and its tenets will be drastically endangered. It may be the Applicant today and
other persons tomorrow. The presumption of innocence which is the fulcrum of
our criminal justice system must be preserved and respected no matter whose ox
is gored.
IN CONCLUSION, it is clear from the evidence and annexures produced before
the Court, there is no legal basis for re-arrest of the Applicant after having been
granted bail by three Domestic Courts of the Defendants. It appears that the sole
aim of the re-arrest 1s to circumvent the grant of bail and by keeping the Applicant
in custody through executive fiat unsupported by any law or order of Court.
48
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