Supreme Court Upholds Dismissal of Election Petition Against Nuku Open MP
In a decisive ruling this afternoon, the Supreme Court in Port Moresby unequivocally rejected and dismissed the election petition case filed by Emmanuel Waimou Nasam against the incumbent member for Nuku Open, Mr. Joe Sungi.
Despite the National Court in Waigani dismissing the petition through its competency hearing on July 12, 2023, petitioner Nasam sought recourse in the court of appeals. However, the highest court has now refused the appeal, deliberately affirming the dismissal.
The Supreme Court not only upheld the prior rulings but also mandated that petitioner Mr. Nasam bear the cost of the respondent, Mr. Sungi. Additionally, the court ordered the refund of Mr. Nasam's K5000 security bond, with an additional payment of K2500 to be made to Mr. Sungi immediately, along with other concurrent bills.
During the Supreme Court hearing, it was highlighted that the petition had already been dismissed last year under Section 208 (e) of the Organic Law and Rule 1 of the Election Petition Rules 2022, as the case was filed 40 days beyond the stipulated time-frame.
Justice Derek Hartshorn, in delivering the decision, stated, "This is a decision on a contested application for leave to review a final decision of the National Court which upheld the objections to competency and dismissed an election petition." The ruling emphasizes the importance of adhering to legal timelines in election-related matters.
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