On ground No. 8, learned senior state attorney argued that since
the Regulations are already in operation, the applicants’ averments can
be dealt with by the 2nd respondent administratively.
As regards paragraph 10 of the applicants’ statement, it was
submitted for the respondents that the Regulations adhere to the
principles of natural justice including an adequate right to be heard
before imposing any of the prescribed sanctions.
And, denying the contents of paragraph 11 of the applicants’
statement, learned senior state attorney argued that the Regulations
meet the standard of subsidiary legislation enactment process and,
therefore, the Regulations are lawful, reasonable, are not arbitrary and
unambiguous, and have been made within the powers provided for
under the parent legislation.
The respondents’ counter affidavits are, in most part, a replica of
what is stated by the respondents in the statement in reply. It is averred,
in addition, that the Regulations were made in accordance with the
Constitution, the parent Act and other written laws and embody the
principles of natural justice.
Having sketched the necessary detailed background including the
statement, the statement in reply, the affidavits of the Principal Officers
of the applicants’ organizations and the counter affidavits of the
respondents, I now turn to the issue for adjudication.
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