The impugned provision which is also quoted above, specifically caters
for statutory safeguards against arbitrary abuse of powers by other law
actors by empowering Courts tasked to determine Police ex parte
application/s in: one, issuing search warrants to seize any property; two,
issuing restraint orders prohibiting any person from disposing of, or
otherwise dealing with any interest in that property, other than as may be
specified in the order; three, appointing a person to take control of, and
manage or otherwise deal with, the whole or a part of the property, in
accordance with its directions; and four, issuing an order requiring any
person having possession of the property to give possession thereof to the
person it has appointed. We have no doubt whatsoever that, the catch words
in section 42(1)&(2) of POTA to wit, "Where the Court is satisfied, on an
exparte application, that there are reasonable grounds to believe that"
;as may be specified in the order".; the Court may, at the request of
the Attorney General and, if the Court is of the opinion that the
circumstances so require; and "in accordance with the directions of
the Court; which relate to determination of ex-parte applications filed in
Court by the Police, are absolutely legal safeguards against arbitrary abuse
of powers by the investigation and or the prosecution.
We hold so because, no ex-parte application can be filed in Court by
the Police for its determination unless the same is sanctioned by the Attorney
General whom we all know is not an investigative officer. Nevertheless, the
Court can only grant ex-parte application if fully satisfied that there are
reasonable grounds to believe on existence of material information stated in
that ex-parte application concerning: one, commission of a terrorism
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