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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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