Association

Attorney-General of the Federation & 2 Ors v. Alhaji Atiku Abubakar & 3 Ors (S.C. 31/2007) [2007] NGSC 118 (20 April 2007)

This case interpreted the right of freedom of association to determine whether the action of a vice president abandoning the political party whose platform he and the President were elected and joining another political party, amounted to constructive resignation from office. Consequently, warranting the president to declare the seat of the vice president vacant.
 

State on the application of Kathumba & Ors v The President & Ors (Judicial Review Cause No. 22 of 2020) [2020] MWHC 8 (28 April 2020)

This was a judicial review that determined the legality of imposition of a state of disaster or state of emergency through a declaration of a lockdown by the 2nd defendant, the Ministry of Malawi Government responsible for Health. The claimants also made applications for interlocutory injunctions restraining the defendants from effecting the lockdown.
 

In re: the question of crossing the floor by Members of Parliament (Presidential Referral No. 2 of 2005) [2006] MWHC 22 (07 November 2006)


The president sought an interpretation and determination concerning the amended section 65 of the constitution of Malawi. The questions revolved around the issue of whether section 65, that provided for when a member of parliament would be deemed to have crossed the floor, was inconsistent with sections 32, 33, 35, and 40 of the Constitution and was therefore, invalid. 
 

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