Hejaaz Omer Hizbullah v. Attorney General – CA PHC/APN/10/22-2022

In Hon. Attorney General v. Hejaaz Omer Hizbullah, the Court of Appeal addressed whether bail could be granted to an accused charged under the Prevention of Terrorism Act (PTA) following the High Court’s refusal, specifically considering if prosecutorial consent was sufficient and the extent of the Court’s revisionary jurisdiction pursuant to Section 15 of the PTA and constitutional provisions. It was held that appellate jurisdiction existed to review and grant bail under these circumstances, emphasizing that the Attorney General’s consent to bail, when lawfully given, is central to the decision-making process. The court reaffirmed the principle that prosecutorial consent, coupled with sufficient circumstances such as extended pre-trial detention and lack of explicit statutory provision fo