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Hearing Begins in PDP Vs Kwara Govt Suit From Tunde Sanni in Ilorin Legal fireworks formally commenced in the suit instituted by the People Democratic Party (PDP) against Kwara State governor, Bukola Saraki and the assembly Speaker, Hon Issa Bio Ibrahim on the amendment to the Electoral Law 2004. Counsel to PDP, Malam Salman Jawondo who opened the case submitted that the provisions of the amended section were antithetical to the letters and spirit of the 1999 constitution. Jawondo argued, with legal citations, that only the constitution of the country could impose limitations and or outright exclusion of jurisdiction of the state high court. The PDP counsel further submitted that the provisions of section 102 and other related sections and provisions of the amended law violated the principle of separation of powers, constitutional democracy and the rule of law. "No provision in the High Court rules relating to stay of proceedings pending the determination of interlocutory appeal. It is only the high court that can grant an application on the stay of proceedings". He submitted "Sections 4, 5 and 6 which deal with separation of powers recognised three arms of government and provided for their respective powers and responsibilities". According to him, the 1999 constitution of the federation vested judicial powers in the courts. Citing some provisions of the constitution, Jawondo submitted, "any law that is inconsistent with the provisions of the constitution is null and void". He added, "where the constitution has made provisions with respect to certain matters or where the National Assembly has done so, then any law made by any state assembly on the same subject matter is not only inconsequential but of no effect". Citing INEC Vs Balarabe Musa and others and AG Abia State Vs AG of the Federation and others, the counsel submitted that the provision of the amended part are either unconstitutional for being repetitive of constitutional provisions as well as the usurpation and appropriation of the jurisdiction and judicial powers of the court. He prayed the court to declare the amended sections as null and void since it deals with substantive law and not procedural law. "The amended provisions attempts to bring life into a dead matter. It is an exercise in futility". Who Are We ? | About THISDAYOnLine.com | THISDAY People | Contact Us © Copyright 2000 Leaders & Company Limited

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