(III) [66] SECTION 8(8)  The Claimants claim that the Speaker violated Section 8 (8) of the Constitution when she failed to give them a fair hearing or an opportunity to be heard on the matter regarding their vacating their seats before announcing the said decision and declaration. 23 Section 8(8) of the Constitution states:  “Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time”  [67] Learned Counsel for the Claimant submitted that the Claimants’ Claim should fail in this regard because they have failed to disclose in their case as stated that there were any proceedings instituted before the Speaker and she failed to give a fair hearing and therefore there was an actionable breach of section 8(8). Learned Counsel further submitted that the Claimants were relying on the second half of the section and they have not pleaded that there was no hearing instituted before the Speaker or that the Speaker failed to give a hearing before a reasonable time. [68] Learned Counsel went on to submit that these alleged breaches as pleaded by the Claimants’ in their second affidavits at Paragraph 4(viii) and 4(ix) seems to be asking the court to judicially review the Speaker’s decision without seeking or obtaining the Court’s leave so to do, and cannot in the circumstances be allowed to stand. [69] Further, counsel submitted that the Claimants are asking the court to find that the Speaker’s actions (in breaching Section 8(8)) were in breach of the rules of natural 23  See paragraphs 29(4) of the first affidavit of Hector John, paragraph 28(4) of the first affidavit of Edison  James and paragraph 4(viii) & 4(ix) of the second affidavits of Hector John and Edison James.    20

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