Ruling could effectively nullify any voluntary bill of indictment signed by David Bakibinga
NASSAU, BAHAMAS — Attorney General Ryan Pinder confirmed yesterday that the director of public prosecutions (DPP) has filed a notice of appeal against a recent Supreme Court ruling that found a voluntary bill of indictment (VBI) signed by Assistant Director of Public Prosecutions David Bakibinga to be invalid.
Justice Deborah Fraser, in a ruling that could have far-reaching implications, considered the legitimacy of Bakibinga’s signature on a particular VBI given that he has not been called to the Bahamas Bar, and is effectively not a legal practitioner.
Fraser reportedly quashed the indictment, ultimately sending the matter back to the Magistrate’s Court in a move that could effectively nullify all VBIs signed by the official.
Bakibinga, a Ugandan, and Nigerian Nikiruka Jones-Nebo were hired to top positions at the Office of the Director of Public Prosecutions in 2019 amid widespread controversy that Bahamians could have filled those roles.
The pair were appointed by the Judicial and Legal Services Commission to serve as deputy director of public prosecutions and assistant director of public prosecutions but were denied admission to the Bahamas Bar.
The DPP was formed in 2017 by the passage of the Constitution (Amendment) Act, 2017. The act amends Article 78 of the Constitution and further confers all powers relating to criminal prosecutions previously vested in the attorney general.
The legislation aimed to create an independent office to enhance the rule of law and remove political influence.
Based on the Criminal Procedure Code, only the attorney general or a legal practitioner acting on his behalf can sign VBIs.
However, the Constitution Amendment Act, 2017 stipulates the DPP can exercise its powers to institute criminal proceedings against any person directly, or through “any other person acting under or in accordance with his general or specific instructions”.
