Court to the case of Julius Ishengoma Francis Ndyanabo vs.
Attorney General 12004] TLR 16. Finally, she convinced this Court
that, this is not a moment to invoke its power to declare the impugned
provision as unconstitutional guided by the warning of the Court of
Appeal in Attorney General vs W. K. Butambala [1993] TLR 46.
She also invited this Court to seek inspiration of the Court of
Appeal of Tanzania when addressing the remedy on the abuse of power
by the Director of Public Prosecutions, as settled in the case of
Attorney General Vs. Dickson Paul Sanga, (Civil Appeal 175 of
2020) [2020] TZCA 371 (05 August 2020) at page 68-69 where it
was held;
"Apart from agreeing with the Solicitor G eneralit is our firm view
that the Constitution which is the supreme law o f the land frowns
on the abuse or misuse o f procedures in dispensing criminal
justice. Thus, in case of any abuse by the DPP the safeguard and
remedy is to seek judicial review before the High Court by
invoking the Law Reform (Fatal Accidents and Miscellaneous
Provisions) Act, [CAP 310 R.E.2002] as correctly asserted by the
Solicitor General"
10
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