Delivered: 19 July 2013 Flynote: Review Review application To set aside decision of Anti – – Corruption Commission to investigate applicant for corruption by a public office – To set aside his arrest and detention and bail conditions To quash charges – brought against him and to seek an order discontinuing his pending criminal prosecution. Summary: Applicant seeks the review and setting aside of an investigation against him by the Anti Corruption Commission on the grounds, inter alia, that it was not warranted on reasonable grounds and that it was prompted by ulterior motives. He also seeks an order to set aside the warrant for his arrest and detention on the ground that the arresting officers did not consider less drastic methods such as summons or warning- Held that relief seeking review and setting aside of investigation and subsequent prosecution not competent. Held further that arresting officers ought to have considered less drastic method then arrest in view of history of matter. Applicant therefore achieving limited success and denied his costs of review. _______________________________________________________________ ORDER ________________________________________________________________ in paragraphs 2, 3 and 5 of the Amended Applicant’s prayers contained Notice of Motion, are dismissed and the corresponding rule nisi accordingly discharged. The warrant for the the subsequent detention effected applicant’s arrest, on 27 November 2008, and the bail conditions imposed on the applicant in the wake of such arrest and detention, are declared unlawful and are hereby set aside and the corresponding rule nisi accordingly confirmed. The 1st, 2nd and 5th respondents are awarded the wasted costs occasioned by their in limine objections in respect of the following:
Delivered: 19 July 2013 Flynote: Review – Review application – To set aside decision of Anti Corruption Commission to investigate applicant for corruption by a public office – To set aside his arrest and detention and bail conditions – To quash charges brought against him and to seek an order discontinuing his pending criminal prosecution. Summary: Applicant seeks the review and setting aside of an investigation against him by the Anti Corruption Commission on the grounds, inter alia, that it was not warranted on reasonable grounds and that it was prompted by ulterior motives. He also seeks an order to set aside the warrant for his arrest and detention on the ground that the arresting officers did not consider less drastic methods such as summons or warning- Held that relief seeking review and setting aside of investigation and subsequent prosecution not competent. Held further that arresting officers ought to have considered less drastic method then arrest in view of history of matter. Applicant therefore achieving limited success and denied his costs of review. _______________________________________________________________ ORDER ________________________________________________________________ Applicant’s prayers contained in paragraphs 2, 3 and 5 of the Amended Notice of Motion, are dismissed and the corresponding rule nisi accordingly discharged. The warrant for the applicant’s arrest, the subsequent detention effected on 27 November 2008, and the bail conditions imposed on the applicant in the wake of such arrest and detention, are declared unlawful and are hereby set aside and the corresponding rule nisi accordingly confirmed. The 1st, 2nd and 5th respondents are awarded the wasted costs occasioned by their in limine objections in respect of the following:
Hailulu%20v%20The%20Director%20of%20the%20Anti-Corruption%20Commission%20(A%20383-2008)%20[2013]%20NAHCMD%20205%20(19%20July%202013).docx