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****WHY MATHIAS WALUKAGGA WILL BE ON THE BALLOT**** In Ugandan administrative and constitutional law, any decision made by a tribunal, commission, or public body outside the powers granted to it by law is ultra vires, illegal, and null and void ab initio, meaning it has no legal effect from...

35,741 次观看 • 8 个月前 •via X (Twitter)

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I talked to Ms. Meenakshi Natarajan and several other senior Congress leaders yesterday when I learned of this most remarkable and astonishing rejection of her nomination papers by the Returning Officer. This is, on the face of it, patently and blatantly illegal because no criminal case, in the eyes of the law, exists against Ms. Natarajan. This is because, in a private complaint, which anyone can file against anyone, no criminal case comes into existence unless and until the magistrate or the concerned judge takes cognizance. At the highest, in the present case of Ms. Natarajan, there is a notice by a court to her on a private complaint well before that court has taken cognizance, and indeed, the issue of cognizance is yet to be decided after hearing her by that court. So where is the question of a criminal case which she had to disclose? This is well established by Indian jurisprudence, including a High Court judgment directly on point. It is not possible that the Returning Officer took an independent, objective, fair, and impartial stance; otherwise, there is no way in law her nomination could have been rejected.. I hope and trust that the Election Commission in Delhi, the central body, will exercise its inherent, administrative, and superior powers to reverse this decision or order. Otherwise, it would be a very serious violation of the level playing field principle. It would create a highly skewed system in a democratic election, thereby affecting democracy and the basic structure itself. There is still time, since today is the last day for withdrawal. No one can, and should, in a true democracy, be denied even the right to nominate oneself for the Rajya Sabha in this manner. : Abhishek Singhvi ji Chairperson, AICC Law, RTI & HR Dept.

Congress

48,851 次观看 • 2 个月前

The mistrial of Mazi Nnamdi Kanu By ALOY EJIMAKOR The purpose of this essay is to enhance a better public understanding of the arcane dimensions and complexities arising in the case of Mazi Nnamdi Kanu from 24th September 2024 (when Justice Binta Murtala-Nyako was recused) to 10th February 2025 when Mazi Nnamdi Kanu was surprisingly summoned to appear before the same Justice. Despite our abhorrence for the summons to appear before a Judge who no longer possessed jurisdiction, we nonetheless decided to honor the summons out of respect for the sanctity of the judiciary and the overriding need to avoid the fell consequences of an in-absentia proceedings that would be legally injurious to our Client. So, we appeared with the self-assurance and confidence that the proceedings would, as a matter of law, amount to a nullity because the Judge, having been recused by an extant Order of court, no longer possessed the requisite jurisdiction to conduct the hearing. It therefore came to pass that when the case was called, I immediately went on the record to state that we appeared “under protest”, and that our “limited” appearance is specifically aimed at protecting the constitutional rights of Mazi Nnamdi Kanu and thus should, in no way, be misconstrued as succumbing to the jurisdiction of the court. Given this scenario, it therefore follows that - as far as it was conducted by a recused Judge - the infamous proceedings of 10th February 2025 carried all the elements of a “mistrial” of some sorts, to the extent that the purported order of adjournment sine die made by the Judge at the close of the “hearing” is obviously nugatory and of no legal or judicial effect whatsoever. Below are the additional reasons for our position: First of all, the process by which Honorable Justice Murtala-Nyako exited from the case as the trial judge was a “judicial event”, as it emanated from the COURT ORDER she made on 24th September 2024. A plain reading of the Order shows that Her Lordship graciously consented to the recusal and that alone amounts to an additional factor that endowed the order with more tenacity. Second, of then and now, the said Order is still extant and subsisting and was never appealed. So, it remains valid in all ramifications. To be sure, the Judge cannot REVIEW, REOPEN or REVISIT the matter of her recusal because she became FUNCTUS OFFICIO as of 24th September 2024 when the order was entered and enrolled. In Ukachukwu v. Uba (2005) 18 NWLR (Pt.956), it was held that: "The phrase "functus officio" has been defined to mean a task performed, fulfilling a function or discharging and accomplishing the intended purpose, and when it is referred to a Court, that Court will have no further force or authority in effect it would lack competence or jurisdiction in the matter anymore. It cannot review, re open or re-visit the said matter except under exceptional circumstances.” Third, the point needs to be made that the post-recusal Summons issued to Mazi Nnamdi Kanu that brought us to Court on 10th February 2025 is not to be blamed on the Court alone. The prosecution grandfathered this infamous unconstitutionality by a Letter it wrote to the same Court on 5th December 2024, requesting that the case be re-calendared for a hearing. In our prompt reaction and after a considered view that the said Letter strained the boundaries of prosecutorial misconduct, we countered with a reply, vehemently opposing re-listing the case to be heard before a Judge who is bound by an extant Order of recusal. To this date, the Chief Judge of the Federal High Court has not respondent to our Letter.

aloy ejimakor

25,742 次观看 • 1 年前

Two cases which were brought before the Constitutional Court of Zimbabwe challenging Constitutional Amendment Bill No. 3 (CAB 3) have been struck off, NOT dismissed. CAB 3, which seeks, among other things, to extend President Emmerson Mnangagwa’s term of office and change the method of electing a president from direct election by citizens to election by Parliament, requires two referendums in law, but the ZANUPF faction sponsoring it wants to avoid a referendum. The Constitutional Court struck both cases off the roll this morning. It is important to understand that the cases were not dismissed on their merits. Rather, the Court held that the issues raised could not originate and be determined solely by the Constitutional Court and should first be ventilated in another forum, High Court. Professor Lovemore Maduku, who is arguing the cases, has indicated that they will now proceed to the High Court. Should the applicants fail to obtain the relief they seek there, the matters will inevitably return to the Constitutional Court on appeal. Many lawyers have described the Constitutional Court’s decision as an example of constitutional avoidance. In their view, the Court has declined to confront what has become a highly contentious constitutional question, preferring instead to defer consideration of the substantive issues. A central argument in the war veterans’ challenge, led by Professor Madhuku, is that Constitutional Amendment Bill No. 3 was discussed and approved by Cabinet, which included President Mnangagwa, the two Vice Presidents, and Cabinet ministers. Professor Madhuku argues that because President Mnangagwa stands to benefit directly from provisions extending his term of office, he should not have participated in deliberations on the amendments. According to the argument, the Constitution prohibits public officials from participating in decisions in which they have a direct personal interest. However, the Constitutional Court did not determine the merits of that argument, ruling instead that the matter should be heard elsewhere first. The legal battle is therefore far from over. It now moves to the High Court and, whatever the outcome there, is likely to find its way back to the Constitutional Court for a final determination.

Hopewell Chin’ono

29,767 次观看 • 1 个月前