The re-election of Northern Ireland's First Minister, Mr David Trimble, last November was "invalid", the House of Lords was told yesterday.
The DUP is challenging the election of Mr Trimble to the post of First Minister, and of Mr Mark Durkan of the SDLP to the post of as Deputy First Minister. The DUP is claiming the elections of the two men took place outside a designated six-week period.
The DUP also opposes the decision of Northern Secretary Dr John Reid not to call fresh Assembly elections before May next year, despite the lateness of the First Minister's election.
Mr John Larkin QC, representing DUP deputy leader Mr Peter Robinson, told the five Law Lords who are hearing the case: "If, as we say, the election was invalid, those offices are invalidly filled."
The Northern Ireland Secretary's decision to hold the next Assembly elections in May 2003 was "founded on illegality", he said.
The five Law Lords were told that Mr Trimble resigned last July in a move to put pressure on the IRA to begin disarming. Deputy First Minister Mr Séamus Mallon was also forced to step down. Once the IRA had made its next move on decommissioning weapons, Mr Trimble and Mr Durkan went before the Assembly seeking election.
The required cross-party support was not achieved on the first vote but was met a few days later - on November 6th - after the designated time-frame, when some Assembly members reclassified themselves as unionist for the purposes of the vote.
At the time, the Northern Secretary said there was no need for him to call fresh elections.
Mr Larkin said the decision taken by Assembly members to reclassify themselves as unionist "was tactical for the purposes of ensuring the election of these offices". - (PA)