The court affirmed the constitutionality of Section 56A of the CJA, allowing bail applications post-acquittal, emphasizing judicial integrity and affirming procedural compliance does not negate necessary arrest for appeals.

[1] This is an appeal by the appellant against the decision of the Court of Appeal in granting the application of the prosecution under s 56A of the Courts of Judicature Act 1964 ("CJA") and admitting the appellant to bail until the disposal of the respondent's appeal against the decision of the High Court acquitting and discharging the appellant for the offence of drug trafficking under s 39(B)(1)(a) of the Dangerous Drugs Act 1952 . At the conclusion of the trial on 4 September 2013, the appellant was acquitted and discharged by the High Court after the Court ruled that the defence had succeeded in raising a reasonable doubt on the prosecution's case.

[2] Section 56A of the CJA provides as follows:

"Where an appeal is presented against an acquittal, the Court of Appeal may issue a warrant directing that the accused be arrested and brought before it and may remand him to prison pending the disposal of the appeal or admit him to bail."

The application of s 56A of the CJA has to be read in conjunction with r 58 of the Rules of of Appeal 1994 which states as follows:

"(1) Within fourteen days of the decision of the High Court or within such extended time as the Court may allow the appellant shall file in the Registry of the High Court at the place where the decision appealed against was given a Notice of Appeal and eight copies thereof. A copy of the Notice of Appeal shall be sent by the appellant to the Registrar of the Court of Appeal.

(2) The Notice of Appeal shall be substantially in Form 5 in the First Schedule.

(3) As soon as Notice of Appeal is filed by the Public Prosecutor as in subrule (1), the Court of Appeal may on an application by the Public Prosecutor issue a warrant directing that the accused be arrested and brought before it and may remand him to prison pending the disposal of the appeal or admit him to bail in accordance with the provisions of s 56A of the Courts of Judicature Act 1964 (Act 91).

(4) The application under subrule (3) may be made by motion ex parte and for the purpose of this subrule, rr 71 and 72 shall apply."

Proceedings At The Court Of Appeal

[3] The prosecution was dissatisfied with the decision by the High Court and filed a Notice of Appeal on 9 September 2013 and at the same time applied by way of Notice of Motion under s 56A of the CJA to the Court of Appeal seeking a warrant of arrest directing the appellant be arrested and remanded in prison pending the disposal of the prosecution's appeal at the Court of Appeal. The grounds advanced by the prosecution in supporting their application essentially are these. Section 56A is enacted to secure the attendance of an accused person at the hearing of an appeal against him who was earlier acquitted and discharged by the High Court. The provision as provided for under s 56A is to be applied judiciously and the prosecution has never abused this provision as it has been used sparingly. It is only applied whenever there is a strong likelihood of success in the appeal proper.

[4] The appellant in opposing the prosecution's application questioned the constitutionality of s 56A of the CJA and asserted that his fundamental rights guaranteed under arts 5(1) and 8(1) of the Federal Constitution (" FC ") are viol