WANI SANTINO JADA v. THE ATTORNEY GENERAL OF THE REPUBLIC OF SOUTH SUDAN & 2 OTHERS

This Application was brought under Articles 5, 6(d), 7(2), 8(1 )(c), 13,14,15,16,20,21,22,23,27(1), 29, 30, 33, 38, 39, 44, 53(3), and 71 of the Treaty for the Establishment of the East African Community (hereinafter referred to as “the Treaty”), as well as Rules 1(2),17,21,22,23,24, 74, 84 and 85 of the East African Court of Justice Rules of
Procedure, 2013 (hereinafter referred to as “the Rules”).

The Applicant, Wani Santino Jada, seeks ex parte interim orders under certificate of urgency restraining the members of the 41h Assembly of the East African Legislative Assembly (EALA) from convening, administering an oath of office or otherwise recognizing the allegedly unlawful nomination of the nominees from the Republic of South Sudan until the hearing by this Court of a related Application for interim orders inter partes, Application No.5 of 2017.

It is the Applicant’s contention that on or aboutlhe 11 th March 2017, His Excellency the President of the Republic of South Sudan appointed nine (9) persons to represent the said Partner State in EALA in violation of Article 50 of the Treaty.

The South Sudan nominees to the 41h Assembly of EALA whose nomination is in issue herein are:
a. Gabriel Garang;
b. Gai Dheng Nhial;
c. Joseph Okelle;
d. Anna lito;
e. Gabriel Alaak Garang;
f. Thomas Duoth;
g. Gedion Gatban Thoan;
h. Isaa Aiz Justin, and
i. Adil Elias Sundeng

At the hearing of this Application, the Applicant (who was self represented) argued that whereas the swearing-in of EALA MPs that was due to take place today 5’h June 2017 at 2.30 pm had since been deferred indefinitely, it could nonetheless transpire before the hearing of his Application for interim orders inter partes thus rendering the said
Application nugatory.