with the enabling Act, it therefore renders almost all regulations null
and void.
Submitting in reply to ground No. 1, learned senior state attorney
for the respondents argued that a subsidiary legislation is not a replica
of the main Act and that as a general rule, subsidiary legislation
provides clarity, elaboration and more explanation on how the parent
Act should be realised and implemented. Mr. Ladislaus Komanya
detailed the reasons why the legislation is delegated by the Parliament
and insisted that the subsidiary legislation has the same effect as if they
were passed in the Parliament. On the procedural impropriety, learned
senior state attorney submitted, and rightly so, that it is the Statute
which has to provide procedures and if no such procedure are provided,
there cannot be procedural impropriety. It is true, as contended by
learned senior state attorney that section 103 of EPOCA does not
mandatorily require the Minister to consult the interested groups and
that the same section does not set limits to the power of the Minister
when making these Regulations. On the issue of the definition of the
word “content” in the Regulations being different from the definition
assigned in the parent Act, learned senior state attorney told this court
that there is no difference. Essentially, it is being argued for the
respondents that the 1st respondent, in promulgating the impugned
Regulations acted intra vires.
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