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Wednesday, August 11 2004

Vol 17 No.30

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  • New Page 15

    PDP takes Saraki to court over electoral law

    JIDE BAKARE

    NATIONAL leadership of the People Democratic Party (PDP) has instituted a legal action against the Kwara State Governor, Dr Bukola Saraki, the Speaker of the House of Assembly, Alhaji Isa Bio Ibrahim over the ammendment to the Electoral Law 2004 recently effected by the House.

    Others joined in the suit filed before a Kwara High Court include the Assembly and the Attorney-General and Commissioner for Justice.

    However, hearing of the case earlier fixed for yesterday could not hold as Justice Muchael Akoja could not sit due to what a judical source said was security reason.

    Out of expectation that the hearing would hold, the court hall was filled to capacity. But, about 10.20 am, the court registrars invited the lead counsel of the two parties, Salman Jawondo for the plaintiff and Yusuf Alli (SAN) for the defendants into the chamber of the judge.

    Coming back about five minutes later, the lawyers instructed their junior colleagues to pack their books, just as the registrar informed the court that the case had been adjourned till today (Tuesday).

    The PDP in the originating summons is praying the court to declare that the governor and the members of the state Assembly do not possess any constitutional powers to enact, and make laws other than for the purposes provided for in section 4(7) of the constitution.

    It also seeks: *A declaration that the provisions of section 103 of the Kwara State Local Government Electoral (Amendment) Law made, enacted, promulgated and passed into law by the lawmakers (second and third defendants) on July 16, 2004 is ulttra vires;

    *An order of the court restraining the governor from assenting to or recognising and or signing into law the provision of section 103 of the Kwara State Local Government Electoral (Amendment) Law as passed by the lawmakers, and

    *An order of the court nullifying and setting aside the provisions of section 103 of the Kwara State Local Government Electoral (Amendment) law as promulgated, enacted and passed by the lawmakers and asented to by the governor.

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