Code of Organization and Civil Procedure (Cap. 12), article 469B

469B. (1) Where the Attorney G eneral takes a decision: (a) not to prosecute in accordance with the powers conferred upon him by any law; or Cap. 9. (b) not to allow the inspection or the issuing of copies of a procès-verbal or of any depositions or documents filed therewith in terms of the proviso to article 518 of the Criminal Code , the courts of justice of civil jurisdiction, giving due account to the constitutional independence of the Attorney General, may enquir e into the validity of the said decision and declare such decision nul l, invalid or without effect and consequently send back the matter to the Attorney General for review in accordance with the judgment of the court only in the case of a finding that the decision is not pr operly directed on legal considerations or is unreasonable in that it is not open to a reasonable prosecutor. (2) An action for judicial review of a decision of the Attorney General as provided in paragraph (a) of sub-article (1) may be filed only by the injured party and an action in terms of paragraph ( b) of sub-article (1) shall be filed by the claimant within two month s from when the injured party or the cl aimant becomes aware or could h ave become aware of the decision , whichever is the earlier: Provided that where the law provides for a procedure whereby the Attorney General may be requested to conduct an int ernal review of the decision, the said period of two months shall com mence to run as from the date when the injured party is informed of t he results of the said review: Cap. 326. Provided further that for the p urposes of this article, the Auditor General, the Commissioner for Standards in Public Life, the Permanent Commission Against Corruption and the Ombudsman shall be entitled to make any claim and to exercise any action which according to this article pertains to the injured party when they shall have reported any corrupt practice as defined in the Permanent Commission Against Corruption Act to the Attorney General. (3) Judicial review cannot be made where an agreement has been reached with the compet ent authorities of another country that the courts of that country shall exer cise jurisdiction over the cri me. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 137 PART II Amended by: IX.2004.11. OF THE MODE OF PROCEDURE BEFORE THE COURT OF VOLUNTARY JURISDICTION GENERAL PROVISIONS Procedure in matters of voluntary jurisdiction. Amended by: XV .1983.4; XXI.1993.87. Substituted by: XXXI.2002.150.