Judgment No. CCZ 3/2017
~
~onst. Appl~ca~~on No. CCZ 47/15
,___... ..... ~ •*pplicaLIOn No. CCZ 50/15
!
as they still have at their disposal various other alternative avenues of escape and redress of the
alleged prison wrongs.
The applicants are seeking to upset the sentences passed by the High Court
without alleging, let alone proving, that it erred or was at fault in any way. It seems they want
to pre-empt and upset lawful valid sentences purely on the basis of events which occurred after
they had been convicted and sentenced. In my view this sounds more of an appeal disguised
as a constitutional application.
In my considered view events which occur in prison after conviction and
sentence are wholly irrelevant to warrant reconsideration of the conviction or sentence by the
tria) COUit.
Once a court has completed a case it washes its hands and moves forward
\Vithout looking back. The iime honoured functus officio and res judicata doctrines militate
against the same court revisiting the same completed case except in exceptional circumstances
which are absent in this case.
If the High CoUit erred in any way, the remedy for those who are yet to appeal
resides in the Supreme Cowt and for those who have already lost their appeals, in the
invocation ofthe President's prerogative of mercy.
It would be a travesty of procedural justice for this court to bypass both the
Supreme Court and the President before they have exercised their constitutional mandates to
determine the applicable remedies according to the prescribed laws of the land.
As we have already seen, in the normal run of things courts are generally loathe
to determine a constitutional issue in the face of alternative rem{<i~~T-~~·~t~:'e?t,.t!l~.w<?uld ___
-- - - -- - - ----- -·
_1 . CONsr;~;-!';;!~.l ,j.r: .- ---~-~
t
-- '-\. . . \_,.:\·
1
27
-1
I
I
i
{-'(_) ,'
1
I
;~~~
I
r
L -
(~"
~~·:,c,ur?J
-~- ~_:__
,~
.;
.
!
I
j
I
r