As Rainbow Party, we welcome the Judgement by the Constitutional court in the Roan Parliamentary Seat Case in which the court over turned the decision of the Speaker Hon. Patrick Matibini to declare the Roan Seat vacant and made a number of important determinations which include the fact that speaker hon. Patrick Matibini exceeded his powers in declaring the Roan seat vacant and also that the principle of exclusive cognizance is not absolute applies only to internal procedural matters and could not be used by the speaker as an excuse for breaching the constitution or surping the power to interpret the Constitution which power is solely vested in the judiciary.
However, as Rainbow Party, we are extremely disappointed by the failure of the constitutional court to impose appropriate sanctions against the speaker Hon. Matibini for his wilful breach of the Constitution. It is worth noting that before becoming Speaker of the National Assembly, hon. Matibini was a high court judge and of reasonable repute. Therefore, he is very conversant with the interpretation of the Constitution which he decided to misinterpret by declaring the seat vacant, which action is an exclusive preserve of the judiciary. It is this illegality, Rainbow Party is looking forward to see an appropriate sanction to be imposed on the speaker. Gross misconduct must receive equal punishment and not a reward. By failing to impose sanctions on the speaker,the Constitutional court will effectively reduce itself to an academic institution that will only issue academic judgements. And Rainbow Party looks at this as regrettable. We, therefore, take an exception view on this judgement by the Constitutional court as one not motivated by the quest to dispense justice,but rather, the entire judgement was a self-serving act. It is evident to all and sundry that in this case, the court only substantively addressed the issue of the speaker unsurping the powers of the judiciary itself, the court was clearly offended by this particular trespass on its territory by the speaker.
But as Rainbow Party, this doesn’t seat well with us, as a result,we challenge the Constitutional court to implore adequate effort to issue well – reasoned judgements. For a good court judgement is suppose to help in settling contravesies as opposed to being a source of contravesy itself.
MEDIA TEAM DEPARTMENT