This is in fact a mere expounding of what the State powers of prosecution pursuant to Article 157(6) of the Constitution entail. Would this then include a statutory permission to the DCI to commence a private prosecution? Section 23(1) of the ODPP Act is perhaps the clearest indication that the DCI cannot prosecute criminal offences. Conversely, it defined a “public prosecution” as a prosecution commenced by or on behalf of the Government or a public body. It is our opinion that a (private) prosecution purportedly instituted by the DCI would fail the requisite test for some of the above grounds.

Source: The Star July 26, 2020 12:45 UTC