It breaches several sections of the Constitution, argues Rashid Ahmine, the Director of Public Prosecutions (DPP), in his Constitutional plaint. The document was lodged in the Supreme Court on Wednesday 20 March 2024. The DPP claims that the law governing the Financial Crimes Commission (FCC) Act is in breach of Sections 1 and 72 of the Constitution. He also claims that the fact that it was passed by a simple majority means that it is also in breach of Section 47(3) of the Constitution. Rashid Ahmine believes that his powers under Section 72 of the Constitution have been exceeded by the Financial Crimes Commission.
He acknowledges that the power to initiate criminal proceedings is not exclusive to the DPP. However, he argues that under Sections 72(3) (b) and (c) of the Constitution, nothing should prevent him from taking over or discontinuing a case. The DPP has also stated that the director of this new institution will be a political appointee. The initiator of this action argues that this body will thus be able to put an end to the prosecution of corruption cases that may involve members of the political class. According to the complaint, the Commission will not be obliged to provide explanations to the DPP if it decides to discontinue an investigation. As a result, the DPP says the Financial Crimes Commission is depriving him of the ability to exercise his power as provided by the Constitution to initiate criminal proceedings.
The DPP is represented by Senior Counsel Sanjay Bhuckory and Solicitor Vijay Dwarka. The State is the defendant, with the Attorney General as co-defendant.
