Sentences with phrase «in breach of the constitution»

In the run up to the 2015 Presidential elections, the campaign team of incumbent President Goodluck Jonathan asked for the disqualification of General Buhari from the race, claiming that he is in breach of the Constitution.
The Enugu State government has dismissed as baseless and legally untenable, allegations by members of the State House of Assembly that the government was in breach of the constitution when it applied the process popularly known in the public service as «virement» to reallocate funds in the 2012 budget.
The Court went on to say that the secret recording should be excluded because it was obtained in breach of the constitution.
The Court, in coming to this conclusion, was not guaranteeing that every evidence obtained in breach of the constitution shall be rendered inadmissible.

Not exact matches

The central issue in that case, of course, was whether Section 121 of the Constitution was breached by the New Brunswick...
AHA lawyer, Monica L Miller said: «The district's actions in assisting the Gideons in distributing Bibles to elementary students represents a clear breach of the Establishment Clause of the United States Constitution and we hereby demand assurances that this practice will discontinue immediately.»
According to them, by nullifying elections in 18 out of 31 local government areas, Section 179 (2)(b) of the Nigerian Constitution, which required that a candidate vying for the office of the Governor would be declared winner if he has not less than one quarter of the votes cast at the election in each of at least two - thirds of the local government areas, has been breached.
In an open letter to the Chairman of the Commission of Enquiry on the creation of new regions, Justice S.A Brobbey, it warned that «dividing a region based on tribalism and language differences is a possible breach of sections of the 1992 constitution a serious threat to national security».
The court said his action was in breach of Article 75 of the constitution which required that all international agreements be brought before parliament for ratification.
«In view of the lapse of time, I shall no longer be in a haste to take any further step in this matter so as not to aid any party, especially INEC in breaching the Constitution,» he saiIn view of the lapse of time, I shall no longer be in a haste to take any further step in this matter so as not to aid any party, especially INEC in breaching the Constitution,» he saiin a haste to take any further step in this matter so as not to aid any party, especially INEC in breaching the Constitution,» he saiin this matter so as not to aid any party, especially INEC in breaching the Constitution,» he saiin breaching the Constitution,» he said.
«It is worthy to commend President Buhari for transferring power to the Vice President, Osinbajo whole away to avoid any breach of the constitution as we witnessed in recent history.
«Non-representation of the entire people of Rivers in the Senate and some constituencies in the House of Representatives and House of Assembly is in breach of Section 14 (2)(c) of the 1999 Constitution, and endangers peace and order in the state.
Anybody who has evidence that I have breached those objects and values of the Constitution and the NDC should make a report against me to the Police so I can have my day in Court instead of attacking my person without any evidence whatsoever.
«The failure of lNEC to conduct the re-run elections in Rivers within the time - frame ordered by the respective election petition tribunals / courts is in breach of the Electoral Act and Section 76 of the 1999 Constitution, thus endangering the nation's democracy.
«I also wish to serve notice, and notice is hereby served that the meeting called by Mr. Blay is an illegality and a breach of our party's constitution,» he said in a statement Friday morning.
But the 1999 Constitution explicitly stipulates in Chapter 14 subsection 3 that the «composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall... reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few states or from a few ethnic or other sectional groups...» Buhari is breaching this with impunity in his appointments.
I am shocked that the minister did what he did in breach of Article 21 of our party's constitution, which prohibits alteration of delegates» list.
In its judicial review application to the high court, Unison argued that the failure to properly consult breaches the partnership agreement between the Department of Health (DoH), the NHS constitution and section 242 of the NHS Act.
In his written address, Inibehe Effiong, Counsel to Udo, is seeking to determine whether the assault and torture meted by the accused persons on his client, amount to «a breach on the applicant's fundamental human rights to dignity of his human person as guaranteed in section 34 (1)(a) of Nigeria's 1999 constitution (as mended), as well as the African Charter on Human and People's Rights»In his written address, Inibehe Effiong, Counsel to Udo, is seeking to determine whether the assault and torture meted by the accused persons on his client, amount to «a breach on the applicant's fundamental human rights to dignity of his human person as guaranteed in section 34 (1)(a) of Nigeria's 1999 constitution (as mended), as well as the African Charter on Human and People's Rights»in section 34 (1)(a) of Nigeria's 1999 constitution (as mended), as well as the African Charter on Human and People's Rights».
The Bawku Central MP had argued that, Nana Addo breached the constitution by making that appointment because the «nomination of any person to be vetted for the post of a «Senior Minister» constitutes a constitutional aberration», adding that «nowhere in the Constitution does the office of «Senior Minister» econstitution by making that appointment because the «nomination of any person to be vetted for the post of a «Senior Minister» constitutes a constitutional aberration», adding that «nowhere in the Constitution does the office of «Senior Minister» eConstitution does the office of «Senior Minister» exist.»
In addition, these wanton and extra-judicial killings are in direct breach of Section 33 of the constitution which guarantees the rights of Nigerians to life as protected also under numerous other international legal instruments to which Nigeria is a signatorIn addition, these wanton and extra-judicial killings are in direct breach of Section 33 of the constitution which guarantees the rights of Nigerians to life as protected also under numerous other international legal instruments to which Nigeria is a signatorin direct breach of Section 33 of the constitution which guarantees the rights of Nigerians to life as protected also under numerous other international legal instruments to which Nigeria is a signatory.
In that letter, the Bawku Central MP had argued that, Nana Addo breached the constitution by making that appointment because the «nomination of any person to be vetted for the post of a «Senior Minister» constitutes a constitutional aberration», adding that «nowhere in the Constitution does the office of «Senior Minister» exist.&raquIn that letter, the Bawku Central MP had argued that, Nana Addo breached the constitution by making that appointment because the «nomination of any person to be vetted for the post of a «Senior Minister» constitutes a constitutional aberration», adding that «nowhere in the Constitution does the office of «Senior Minister» econstitution by making that appointment because the «nomination of any person to be vetted for the post of a «Senior Minister» constitutes a constitutional aberration», adding that «nowhere in the Constitution does the office of «Senior Minister» exist.&raquin the Constitution does the office of «Senior Minister» eConstitution does the office of «Senior Minister» exist.»
Trust in the sense of the breach of promise implicit in failing on a major matter to honour their manifesto commitment; honesty in the sense that GB and the Junta can easily be demonstrated to be lying when they assert that the Constitution is dead;
«The court can not stay a judgment already executed and the whole exercise in freezing the governor's accounts amounts to a breach of the provisions of Section 308 of the 1999 Constitution of the Federal Republic of Nigeria.
In another reaction, the Publicity Secretary of the PDP National Caretaker Committee, Prince Adedayo Adeyeye, said the adoption was a clear breach of the PDP's Constitution and the provisions of the Electoral Act (as amended).
He held that the lower court was in grievous error when it ordered the publication of Ibrahim's name pointing out that the decision of the high court was in total breach of the provision of section 36 of the 1999 constitution, which it said forbade any court from denying fair hearing to a party likely to be affected by final decision of the court.
In impassioned pleas before sometimes skeptical judges, some supporters of Vancouver's Insite drug injection site, said the federal government would breach the constitution if it shuttered the facility.
In her complaint, her attorneys have argued that, «The adultery law constitutes a serious breach of the individual's rights to make decisions concerning sex and privacy under the constitution.
(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.
On this basis, the Supreme Court found the criminal provisions surrounding prostitution to be in breach of Section 7 of the Charter of Rights and Freedoms, but suspended the declaration of invalidity for one year, so as to allow Parliament an opportunity to regulate the area in a manner consistent with the constitution.
Date — Bah JSC in this case stated that: «what is intended to be covered by Order 81 are irregularities, short of situations of want of jurisdiction or infringements of statutes other than the High Court Rules... thus, whilst Order 81 rule 1 treats non compliance with the Rules as not nullifying the non - complying proceedings, the rule DOES NOT apply to non — compliance which is so fundamental as to go to Jurisdiction, or which is in breach of a Statute other than the civil procedure rules; breach of the Constitution; or the breach of the rules of natural justice.»
[1] The issue in this case is whether the British Columbia Minister of Forests, Lands and Natural Resource Operations («Minister») erred in approving a ski resort development, despite claims by the Ktunaxa that the development would breach their constitutional right to freedom of religion and to protection of Aboriginal interests under s. 35 of the Constitution Act, 1982.
In some constitutional systems, that would be that: it would follow ineluctably that administrative orders incompatible with the right of access to justice would be unlawful — because the constitution would withhold the authority to legislate in breach of such a fundamental righIn some constitutional systems, that would be that: it would follow ineluctably that administrative orders incompatible with the right of access to justice would be unlawful — because the constitution would withhold the authority to legislate in breach of such a fundamental righin breach of such a fundamental right.
Prof. Elliott does not say what «constitutional orders» he has in mind, but at least in the Canadian constitutional order, it is by no means clear that the constitution withholds the right to legislate in breach of the right of access to justice.
in some constitutional orders... administrative orders incompatible with the right of access to justice would be unlawful — because the constitution would withhold the authority to legislate in breach of such a fundamental right.
Corrupt, decrepit regimes were falling over like dead trees in a windstorm, but in many cases, there was nothing — no replacement regime, no legitimate constitution, no rule of law — to step into the breach.
He wrote: «It appears to me that the demand that one party sign a surrender of rights recognized and affirmed by the Constitution is in flagrant breach of the Crown's fiduciary obligation.»
In Campbell v Attorneys - General & The Nisga'a Nation, [79] the terms of a treaty which gave legislative (and thus law - making) power to the Nisga'a people in relation to education, the preservation of their culture and the use of their land and resource were challenged as a breach of the Canadian ConstitutioIn Campbell v Attorneys - General & The Nisga'a Nation, [79] the terms of a treaty which gave legislative (and thus law - making) power to the Nisga'a people in relation to education, the preservation of their culture and the use of their land and resource were challenged as a breach of the Canadian Constitutioin relation to education, the preservation of their culture and the use of their land and resource were challenged as a breach of the Canadian Constitution.
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