South Sudan court postpones case against E. Equatoria governor

By Isaac Vuni

June 21, 2007 (JUBA) — The three men jury of the Supreme Court of Southern Sudan, today, has again adjourn the constitutional case hearing of Eastern Equatoria state (EES) for June 28th 2007 after receiving preliminary report form defendants, leaving plaintiffs advocate cry fouls for justice delayed, justice denied.

The Defendant had claimed that the mover of motion of a vote of no confident on the plaintiffs under urgent and important matter has not violated constitutional and conduct of business provisions of the interim legislative assembly of Eastern Equatoria state.

“There is neither violation of constitutional provision nor conduct of the business regulations of the assembly of Eastern Equatoria state by the defendants because EES constitution does not exist in the legal sense because the procedural requirement for its coming into force have not been fulfilled” remarks councilor general Fiberto Mayout Mareng.

But Plaintiffs advocate Dr. Richard Mulla argued that the fact that the Supreme Court has accepted the plaint, it means there is a case to answer. Therefore he wondered why the Governor has not appeared before the Supreme Court via summon issued on June 28th 2007 requesting governor to appear before Supreme Court without fail at 11.00am. Is the governor above the law?

If a president of United States of America and of Britain could appeared before a constitutional court, why not Governor Alosion Emor Ojetuk of Eastern Equatoria state, posed plaintiff advocate.

However, the jury requested plaintiff advocate to only make remarks on the preliminary reports of the defendant but he says it better he responds to it in written and that his reply will be ready the following day. Nevertheless, jury fixed the hearing to June 28th 2007 at 11.am.

Defend council shouted “the Governor will never appeared before the supreme court.”

The defend councilor reiterated that “It is beyond doubt that the defendant has no constitutional case to answer. Ergo, we pray the honorable court to dismiss the case with all its demands and costs forthwith,” pleaded Councilor General to Supreme Court of Southern Sudan.

The minister of legal affairs and constitutional development of the government of southern Sudan is on record that Eastern Equatoria has no constitution but the government of national unity in Khartoum to whom he referred the interim constitution of eastern equatorial state has approved and issued a certificate of compatibility to EES as being the only state that has fulfilled the requirements of drafting state constitution.

There are five councilors generals appointed by Minister of Legal Affairs and Constitutional Development to represent Governor Brigadier General Aloisio Emor Ojetuk and Interim State Legislative Assembly of Eastern Equatoria; they are: Isaac Jzaka Bandu, Fiberto Mayout Mareng, Lako Leggare Legge, Moua Moti Moua and Alfred Mayen Lai.

(ST)