The DUP deputy leader Mr Peter Robinson launched a two-pronged attack today on the future of the Northern Ireland Assembly.
In the High Court in Belfast Mr Robinson applied for a judicial review of the election of Mr David Trimble and Mr Mark Durkan as First and Deputy First Ministers and also the decision of Northern Ireland Secretary Dr John Reid not to call the next election until 2003.
If Mr Robinson is successful the anti-agreement parties will get their wish for fresh Assembly elections before the May 1st, 2003, the date set by Dr Reid.
Mr Robinson was in court to hear his lawyer Mr John Larken tell Mr Justice Kerr that if the "purported election" of the two Ministers was unlawful then Dr Reid's election date was invalid.
Mr Larkin said the 1998 Act clearly stated that the First and Deputy First Ministers had to be elected within six weeks of the offices becoming vacant.
He said devolved government was restored on September 23rd and the six-week period expired on November 2nd. The two Ministers were not elected until November 6th.
Mr Larkin said the crux of the case was whether the requirement in the Act was mandatory or directory and he argued it was the former.
Mr Declan Morgan, QC, for Dr Reid, said it was not a case that no consequence was provided once the six-week period had passed.
"Once that happens the Secretary of State then has the right to exercise his independent political judgement," he said.
Mr Bernard McCloskey, QC, for the First and Deputy First Ministers, said there was clear authority for the proposition that in construing the Act the court should adopt a broad and flexible approach in response to changing and unforeseen circumstances.
He said Dr Reid had a wide discretion when it came to fixing an election date and added: "Having regard to the cross-community requirement in the Act it was perfectly foreseeable that six weeks would not be nearly enough to effect the election of a First and Deputy First Minister."
Judgement was reserved by Mr Justice Kerr who said he hoped to give it within the next two weeks.
PA