Riding on the analysis by the Majority Article 52(3) requires the publication
of a presidential candidate’s declaration of assets and liabilities among
other things, in the same manner as candidates at constituency and ward
level. This is the purpose Article 52 (3).
[80] The prescribing of the modalities of publishing is relegated to
legislation because such modalities are "mere practical detail and
minutiae” in comparison to the substantive principle established in Article
52(3). The role of the 1st and 2nd Respondent is therefore to facilitate
mechanically, the prescribing process so that the mandatory constitutional
requirement is achieved.
[81] It seemed to me that they did not play their part. I thus became
concerned that a serious breach of the Constitution might go un
acknowledged. My concern deepened with the narration in paragraphs
[54] to [56] of the Majority Judgment which relates to the repealed Article
34(5)(b) and its supporting provisions in the repealed Electoral Act and
repealed Electoral Regulations as referred to therein.
[82] The narration shows that, not giving effect to the constitutional
requirement to facilitate public access to the declaration of assets and
liabilities of a presidential candidate by enacting the required provisions of
subsidiary law is not happening for the first time. There is need for this
J33
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières