On the afternoon of March 14, 2023, the Board of state admitted a legal action against the Minister of the Interior, Alfonso Prada. According to the complainant, there are defects in the appointment made in August 2022 by the president Gustavo Petro.
The plaintiff asserted that there were flaws in the appointment of the Minister of the Interiorsince Congress installed President Gustavo Petro“without a decision being rendered by the Constitutional Court, which, in the opinion of the plaintiff, invalidates the measures taken by the legislator, due to ignorance of the provisions of the Political Constitution and Law 5 of 1992. “
The central point of the trial rests on the fact that President Petro took possession of alphonse prada by Decree 1666 of August 2022, without Congress having been installed beforehand, which would have violated the legal system.
The same request had been submitted to the Cundinamarca Administrative Court, who denied the motion because the irregularities in Prada’s appointment were unclear. In the judgment of this tribunal, it was assured:
“He exposes nothing other than his disagreements with the inauguration of the President of the Republic, Gustavo Petro Urrego, without invoking any ground for nullity with respect to the defendant’s appointment.”
The document also pointed out that beyond attacking the legitimacy of the appointment of the minister Pradathe lawsuit relates to the irregularities of the possession of the president of the Republic.
“To allege an alleged issuance of a deed of appointment by an incompetent official; however, the administrative acts of appointment and possession of Mr. Gustavo Francisco Petro Urrego enjoy a presumption of legality,” said the Cundinamarca Administrative Court.
By accepting the complaint, the Board of state drew the attention of the court, because “these requirements cannot unreasonably limit the right of action, to the point of requiring erudition or a rigorous technique in the presentation of the legal problems, in particular within the framework of a means of control public, such as that of the annulment of elections”, according to what was collected by Colpress.
He also pointed out that a specific way of telling the concept of violation may not be required, as well as the accusations of nullity, since the center of the request must be that the request is clear enough to describe the disputed situation, as well as facilitate the right of defence.
Under these arguments, the Council reversed the measure of the Supreme Court and began an investigation into the alleged irregularities in the appointment.
The process was initiated by lawyer Harold Sua Montaña, who also demanded the appointment of five ministers from Gustavo Petro’s government, including former minister Alejandro Gaviria, Irene Vélez and Cecilia López, Álvaro Leyva and alphonse prada.
Sua Montaña was sanctioned in 2021 by the Constitutional Court for sending protests and cancellations, almost daily.
The Court said verbatim that Mr. Sua “explained that his actions, devoid of any legal basis, were deliberate and capricious and, therefore, reckless or in bad faith”, as stated at the time. Avisntro.