The Supreme Court has dismissed the argument of the Governor of Western Bahr al-Ghazal State, Rizik Zachariah, that a suit against him is unconstitutional.

In March, the former speaker of Western Bahr al Ghazal State Legislative Assembly, Andrea Mayar, petitioned the high court over his impeachment.

Mr Mayar said the governor interfered in the affairs of the state assembly, resulting into his impeachment.

Through his legal counsel, Mr Rizik said the suit was against the state constitution.

He cited a provision in the state constitution, which says that no court or any other authority shall question the validity of any proceedings of the state assembly.

In a hearing in Juba on Thursday, a panel of nine judges agreed that the court has nothing to do with the validity of the proceedings.

They said they want to determine whether appointments of ministers and sacking of some state MPs were proceedings of the assembly.

They said they want to also determine if the law suit is questioning the validity of the proceedings and whether the complainant has the right to file the suit at the Supreme Court.

“In conclusion and reference to what we have stated before, it is determined that the legal defense raised is irrelevant and baseless because the constitutional suit raised by the plaintiff against the governor is not challenging the validity of the proceedings of the legislative assembly , taking into account that whatever proceedings  or conduct done by Governor (Defendant ) are not proceedings of the assembly which are meant in section 89 of the Transitional Constitution of Western Bahr el Ghazal State 2012,” Chief Justice Chan Reech Madut stated.

“We therefore order the dismissal of the legal defense raised and continue with the suit, by framing the issues of the facts and thereafter order for the submissions from the parties in accordance with the provisions of section 313 of the Civil Procedure Act 2007 for just disposal of the suit raised.”

The panel asked for some clarifications on specific matters from both sides and adjourned the sitting.

The next hearing will be on the 31st of this month.