By Mcqueen Zaza
I have heard people celebrating the High Court decision nullifying Hon Malanji’s election on the basis of him lacking a grade 12 certificate. Admittedly, I have not read the said judgment but going by reports, I have read this far, the Court should not have entertained the issue of grade 12 as it lacked jurisdiction.
The issue of challenging nomination of candidates is provided for under Article 52(4) of the constitution. The said Article 52(4) enacts “A person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty- one days of its lodgment.”
In my view, the court only has jurisdiction to entertain such an application if made within 7 days of the close of nominations. Thus, any person who does not challenge nominations within 7 days of the close of nominations is time barred.
It follows therefore that the issue of challenging nominations can not be brought at the time when one is challenging an election of a candidate. This is because all rights pertaining nomination are time time barred at this point and court has no jurisdiction to entertain such a pleading. It is a pleading that comes late in the day. It is a desperate way of activating rights that one slept on . A person who slept on his or her rights should never be aided to assert his or her rights in a manner not permissible by law. See less