NBA Disputes and the
Doctrine Lex specialis derogat legi
generali
Article 16 of the NBA
Constitution 2015 generally stipulates resolution of complaints in-house before
litigation. I have read the interview
granted by Mr Alegeh SAN - his heavy weather on Article 16 and I think he ought
to avert his mind to page 42 of our NBA Constitution, the second schedule para 2.7 a candidate dissatisfied with the decision of the NBA
Electoral Committee on “disqualification” is given a maximum period of 7 days
to appeal against it. The protest or appeal is to ECNBA and not NBA President
please. It is incongruous to say he did
not receive the disqualified candidate’s
appeal. Being within the province of
ECNBA!!!
The plaintiff must have
counted 14 days from his appeal dated 23rd June 2016 and received by ECNBA 24th
June 2016 uptil 13th July 2016 when the court summon was taken
challenging the wrongful and unlawful act.
Therefore Article 16 which
deals with general dispute does not apply. Messrs Okutepa and Alegeh with all due respect update!!
If you say to a person
unless you attended a Mosque or Redeem Church of Christ you will be disfavoured
that is unlawful threat. If you say unless you took the lawful steps you will
be challenged anyone who says the law does not support lawful threats does the
law then support scapegoatism?
The doctrine of Lex specialis derogat legi generali applies. Where a Statute contains both a general provision as well as
specific provision, the latter prevails. Please consider the maxim generalia
specialibus non derogant See COMMERCIAL TAX OFFICER, RAJASTHAN v. M/S BINANI CEMENT LTD. &
ANOR (2014) 3 SCR 1 and a plethora of authorities.
Good morning
Carol Ajie
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