Advocate denies dismissal claim of constitutional case of E. Equatoria
By Isaac Vuni
June 27, 2007 (JUBA) — In a statement to Sudan Tribune, the plaintiffs advocate denied reports saying that the constitutional case against the governor of eastern Equatoria had been rejected.
In fact the case has been adjourning to June 28th of the same month to give an opportunity to reply a written submission of the governor’s defenses councilors on June 21st 2007.
And this is in accordance to with legal procedure followed in any court of law where there is an ongoing procedure of litigation.
The plaintiffs advocate, Dr. Richard K Mulla wondered why really the Khartoum Monitors newspaper that is supposed to be voice of the voiceless miscount truth the necessary stage of litigation with a story that the case being dismissed is far from that.
In another development, the legitimate elected Speaker of Eastern Equatoria state, Hon. Adelino Michael Opi and his Deputy Hon. Marko Lokitoe Lokuta are consulting with their advocate to constitute a civil sues against Juba Post weekly newspaper for deformation, he remarks.
The went on saying that irresponsible reporting by Khartoum Monitor and Juba post newspaper are seriously misleading information to million of Sudanese who are keenly following the ever first constitutional case in southern Sudan.
What we need and are seeking for procedural matter that would prepare level playing ground for any political elites in southern Sudan to adhere and to follow the lay down regulations by lawmakers for better democratic society remarks plaintiffs advocate.
Meanwhile Hon. Adelino Opi say they resorted to constitutional court because governor Ojetuk has refused to attend to SPLM party dispensary meting of the state called by SPLM state secretary to address difference between the legislators and the Executive of the state. So he pray that Supreme Court will be fairness in administering justice even if Khartoum Monitor has already disqualified the case in their own way, remarks Hon Opi.
Chronology of the Constitutional Hearing of Eastern Equatoria State
On June 21st 2007 the defendant submitted their respond and requested the Supreme Court to summarily dismiss the case because they claimed there was no case to answer because the state of Eastern Equatoria has no constitution. But plaintiff advocate argues that there was case to answered and demanded to be given time to respond to the written statement of the defendant and it was granted and the next hearing will be on June 28th 2007 at 11.00am
On May 28th 2007 Governor Aloisio Emor Ojetuk was summon to appear before Supreme Court judges without fail on June 8th 2007 at 11.00am but he never appear
On May 25th 2007 Supreme Court judges officially accepted plaint submitted by plaintiff advocate but denied order of an injunction on newly elected speaker and her deputy.
On May 25th 2007 Goss Minister of Legal Affairs and Constitutional Development was summon to appear before Supreme Court judges without fail on June 8th 2007 at 11.00am to reply to both plaintiffs and defendant and it responded by sending Counselor General who appeared and requested Supreme court to give them more time to study plaintiff’s allegation and ten days was granted.
On May 7th 2007 Supreme Court of southern Sudan summon Hon. Ohisa Lais to appear before supreme court judges on May 14th 2007 at 11.00 am and was also requested to engage an advocate to organize the contents of the petition inconformity with section 18(1) of Sudan constitutional act 2005 and to provide copies of the petition together with relevant documents for the supreme court members which he submitted on April 12th 2007-seeking an injunction order against newly elected Speaker and her Deputy.
On November 4th 2006, His Lordship Bishop Johnson Akio Mutek together with General Isaac Mamur Mete held 11 hours meeting of reconciling Governor Ojetuk with promising sons of Torit all of who pretended before the bishop that they have forgiven each other but when President Salva Kiir Mayardit visited Torit in January 2007 their difference and mistrust was never thrown out each one is looking for tit for tat revenging.
In October 2006 President Slava Kiir Mayardit established an enquiry committee on request by legislators for removal of governor Ojetuk and they were given three weeks to report but the report was never implemented instead governor Ojetuk went in for tit for tat revenge on the speakers, deputy and members of specialized committee of the assembly despite Kiir’s request that they should work together since they are from same party.
On October 10th 2006 representative of Eastern Equatoria state in southern Sudan legislative assembly in Juba after deliberating on various issues raised by state MPs and responses of Governor Ojetuk, they recommended for removal of governor Ojetuk because he dose not have a good vision for the state, he is self centered and has tribal inclination compounded with lack of accountability and transparency.
On September 26th 2006, 32 MPs signed petition for removal of Governor Aloisio Emor Ojetuk alleging that he has flagrant disregard to the SPLM vision, understanding of CPA and interim constitution of southern Sudan.
Eastern Equatoria State Interim Legislative Assembly was inaugurated on December 20th, 2005 and of the 48 appointed members 34 were present and they were sworn in by Justice el Hag Kamuyangi followed by election of the speaker.
(ST)