Home News Imo ACJL: Lawyer Sues Uzodinma

Imo ACJL: Lawyer Sues Uzodinma

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…Wants Sections 484, 485 Declared Void

The last is yet to be heard of the controversial Imo State version of the Administration of Criminal Justice Law, as a Lawyer, Maxwell Opara has dragged the State Governor, Hope Uzodinma to Court over constitutional breaches.

The suit, with number HOW/746/2020 seeks “a declaration of this Honourable Court that by virtue of the provisions of the provision of section 1(1) and (3) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, the Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria and any other law that is inconsistent with the provisions of the Constitution, this Constitution shall prevail and the other law, shall, to the extent of the inconsistency be void.”

“A Declaration of this Honourable Court that the provisions of section 484 and 485 of the Administration of Criminal Justice Law  No. 2 of 2020 of Imo State are inconsistent with section (1) and 35 (4) and (5) of the 1999 Constitution of the Federal Republic of Nigeria as amended and as such, that law is to the extent of its inconsistency void.”

“A Declaration  of this Honourable Court that that the provisions of section 484 and 485 of the Administration of Criminal Justice Law of Imo State 2020 are inconsistent with section 6(6)(a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and as such, that law is to the extent of its inconsistency void.”

“A Declaration that sections 484 and 485 of the Imo State Administration of Criminal Justice Law, No. 2 of 2020 to the extent of their inconsistencies with section 1(1) and (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) are void abinitio and of no moment whatsoever.”

“Ad Order of this Honourable Court expunging sections 484, 485 and section 535 of the Imo State Administration of Criminal Justice Law No. 2 of 2020 from the Imo State Administration of Criminal Justice Law No. 2 of 2020.”    

Also joined in the suit is the Attorney General of Imo State.

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