' The petitioner moved this court vide an application seeking to have the petition and accompanying notice of motion be heard during the court''s vacation. For reasons advanced, am persuaded that the petition, and more particularly the notice of motion, merits to be heard ex parte in the first instance and during this court''s vacation. It is so admitted.
I have had occasion to consider the Notice of motion, the factual basis as laid out in the supporting affidavit and the annextures thereto. The issue for determination at this stage is whether the petitioner has achieved the threshold for the grant of an interim conservatory order pending the hearing of the motion inter partes.
As can be readily gleaned from the facts presented, the petitioner faces an imminent appearance before the Anti-Corruption court over charges in which she had initially been treated as a witness wherein she had recorded statements. It is her case that this is in derogation of her constitutional right against self incrimination. This is of course a matter for furthe interrogation by the trial judge.
The applicable principles for the grant of a conservatory order are well settled. The court will issue a conservatory order in a constitutional petition if the applicant demonstrates an arguable prima facie case with a likelihood of success and shows that prejudice will result if the order isn''t granted, and further, establishes that the petition or its substratum will be rendered nugatory if the order is denied. The court also considers if granting the order enhances constitutional values and objects and balances the interests of public interest against the applicant''s rights.
As indicated earlier, this is not the moment to go into the full merits or demerits of the motion, this court leaving that to the wisdom of the trial judge at the inter parte hearing.
Am persuaded however that an interim conservatory order will serve the interst of justice as, bereft of the same, the petitioner will be heavily prejudiced and the motion rendered nugatory.
Accordingly, this court grants a conservatory order barring the taking of the envisaged plea before the Chief Magistrate Anti-Corruption Court pending the appearance of the parties inter partes before the trial judge for further orders and directions.
Meanwhile, the petion and motion be served forthwith. Responses be filed within 14 days.
Mention on 22/9/25 for further orders/directions.
'
I have had occasion to consider the Notice of motion, the factual basis as laid out in the supporting affidavit and the annextures thereto. The issue for determination at this stage is whether the petitioner has achieved the threshold for the grant of an interim conservatory order pending the hearing of the motion inter partes.
As can be readily gleaned from the facts presented, the petitioner faces an imminent appearance before the Anti-Corruption court over charges in which she had initially been treated as a witness wherein she had recorded statements. It is her case that this is in derogation of her constitutional right against self incrimination. This is of course a matter for furthe interrogation by the trial judge.
The applicable principles for the grant of a conservatory order are well settled. The court will issue a conservatory order in a constitutional petition if the applicant demonstrates an arguable prima facie case with a likelihood of success and shows that prejudice will result if the order isn''t granted, and further, establishes that the petition or its substratum will be rendered nugatory if the order is denied. The court also considers if granting the order enhances constitutional values and objects and balances the interests of public interest against the applicant''s rights.
As indicated earlier, this is not the moment to go into the full merits or demerits of the motion, this court leaving that to the wisdom of the trial judge at the inter parte hearing.
Am persuaded however that an interim conservatory order will serve the interst of justice as, bereft of the same, the petitioner will be heavily prejudiced and the motion rendered nugatory.
Accordingly, this court grants a conservatory order barring the taking of the envisaged plea before the Chief Magistrate Anti-Corruption Court pending the appearance of the parties inter partes before the trial judge for further orders and directions.
Meanwhile, the petion and motion be served forthwith. Responses be filed within 14 days.
Mention on 22/9/25 for further orders/directions.
'