Part III: Hypothetical case (35%) The Federal Republic of Banana is a federal state constituted of nine regional states and one city administration accountable to the federal government. One of its regional states is Shanana. The major nation, nationality and people in the region is Shana. Shana Liberation Front(SLF) fights for the independence of the people of Shana from the Republic of Banana. The federal government has declared the front a terrorist organization.
Shanana regional state is prone to terrorist attacks. For the last several years. its capital, Jagana. was rocked by a series of bomb blasts. The federal government and the regional state government blame the front for the terrorist acts. In one of the worst bomb blasts, close to 200 Jagana residents lost their lives.
Unable to contain the bomb blasts, the president of the regional state issued an executive order which appeared in the regional state official gazette. in which laws arc promulgated, entitled "Anti-Terrorism Proclamation". It is exactly the same as the federal Anti-Terrorism Proclamation.
The Shanana regional state Anti-Terrorism Proclamation however broadens the acts which define the crime of terrorism. Second, it provides that people suspected of the crime of terrorism shall not be released on bail. Third, it punishes the act of giving moral support to an organization designated terrorist with death penalty. which is punishable with only rigorous imprisonment up to 20 years under the Federal Anti-Terrorism Proclamation,
Mr. Shamana is suspected of carrying out some of the bomb blasts and being a member of the rebel group, which fights for the independence of the people of Shana. He was arrested and the regional state public prosecutor brought charge against him under the Shanana Anti-Terrorism Proclamation.
The public Prosecutor has instituted charges against Mr. Shamana on multiple counts. One of the charges is based on the speech Mr. Shamana made to a crowd in a stadium saying "the people of Shana are dominated and controlled by the northerners. We never belong to the Banana state. Those who refuse peaceful resolution of the issue inevitably invite violence." The Public prosecutor has presented to the court a video of this speech as the only evidence for one of the charges.
Mr. Shamana pleaded not guilty to the charges. His request to be released on bail was denied. Ile contested the constitutionality of ShananaAnti-Terrorism Proclamation. Assume the Federal Republic of Banana has the same Constitution as the Federal Democratic Republic of Ethiopia. Answer the following questions based on the facts provided in the case.

A, Who has standing to challenge the constitutionality of the Anti- Terrorism Proclamation? (10%)

B, Mr. Shamana requested the court, in which he was prosecuted. to refer the matter to the Council of Constitutional Inquiry. The court refused. Give your advice to Mr. Shamana on whether and how he can proceed with his constitutional challenge. (5%)

C, What constitutional challenge do you think Mr. Shamana can present? Do you think he will succeed in his constitutional challenge? (20%)​