principles referred above, we are satisfied that the impugned provision is
more on protection of public rights against individual or private rights hence
well clothed and salvaged by Article 30(2) of the Constitution. Therefore, the
petitioner's complaint against it is devoid of merit.
In the same vein, we have examined the petitioner's complaint against
section 11 of POTA quoted above that per articles 13(1), (6) & 26 of the
Constitution, the same proclaim supremacy over the Constitution hence
rendering other laws redundant adding that the same is too general and
denying a person charged under POTA all legal, and Constitutional rights and
freedoms thus encouraging abuse of powers and authority and for not
observing basic Constitutional rights. It is very unfortunate that the counsel
for the petitioner did not substantiate their general and hypothetical
allegations we recapped above. Besides, our further review to the part of
the rejoinder submission quoted above, in the light of the laws and case law
discussed above, it has come to our firm view that POTA was as such enacted
to improve the country's legal framework.
It is evident that, even before the enactment of POTA in 2002, the
Constitution and Statutes like the Penal Code (supra), the National Security
Act (supra), the CPA, the Evidence Act (supra) and the Economic and
Organized Crime Control Act, [Cap. 200 R.E, 2002] to mention a few, for
some decades had catered for and promoted both private and public basic
rights. For example, whereas some aspects of the present section 9(1) of
POTA regarding possession of unauthorized articles, information and
espionage were already covered by section 4(1) of the National Security Act
Page 28 of 37
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