<p style="text-align: center"><strong><u>RULING (NO. 2)</u></strong></p><ol><li><p style="text-align: justify">On 18th January 2024, the Court <em>dismissed</em> prayer 2 in the 2nd suspect’s notice of motion dated 20th December 2022. That prayer had sought empanelment of an uneven number of judges by the Chief Justice pursuant to Article 165 (4) of the <strong>Constitution</strong>.</p></li><li><p style="text-align: justify">This ruling now disposes of the <em>remainder</em> of that notice of motion as well as the separate constitutional petition dated 9th November 2022 by the 7th, 9th and 12th suspects. The latter petition was originally filed at the Constitutional and Human Rights Division as Petition Number E499 of 2022 <strong>Volker Edambo &amp; 2 others v Independent Policing &amp; Oversight Authority &amp; 6 others </strong>but was transferred to the Criminal Division and re-numbered as Miscellaneous Criminal Application No. E033 of 2023.</p></li><li><p style="text-align: justify">The key prayers in the notice of motion are three: Firstly, that the charges disclosed in the Information do not meet the threshold of international crimes based on <em>“command responsibility and [are] hence inadmissible”</em>. Secondly, for an order t…</p></li></ol>