18 July 2016

"Prosecution or persecution?" The continuing Judge Dredd tendencies of the Elections Department

As we argued last month, the principles of the exercise and distribution of power by the state and its agencies, in the event of an investigation, have been contravened in the investigation of alleged breaches of the cooling off amendments of the Parliamentary Elections Act. The police have usurped the role of the public prosecutor and attorney general in their questioning of Roy Ngerng, and more importantly, both the ELD and police have usurped the role of the courts in their joint press statement.

One month later, the separation of investigative, prosecutorial, and judicial roles of state agencies continue to be blurred. This is cause for major concern.