High Court to hear Wale’s claim challenging the validity of the recent Prime Ministerial Election on 12 June, Private Lawyer Suri to argue the inadequacy of the nomination period
THE High Court has set June 12 to hear the claim of the candidate of the CARE-SIUP-SIPRA candidate for the Prime Ministership on May 2, Matthew Cooper Wale.
The Member of Parliament for Aoke-Langalanga, who has been reappointed as the Leader of Opposition after his unsuccessful bid for the top political leadership job, is seeking various legal declarations concerning the Prime Ministerial Election.
Private lawyer Gabriel Suri, who will be representing Wale in court, confirmed the date of the hearing to Solomon Star yesterday.
Suri said it will be a half day hearing.
The primary declaration being sought is an order declaring that the timeframe specified by the Governor General for the delivery of nomination papers for the Prime Ministerial Election from Monday April 29 at 10 am to Tuesday 30 April at 4pm as outlined in the Election Notice issued by the Governor General on April 29 did not comply with the mandatory four-day period prescribed under Schedule 2, paragraph 1(b) of the Constitution.
Schedule 2, paragraph 1(b) of the Constitution stipulates the place, date, and time for the delivery of nomination papers to the Governor-General, which must not be later than four days before the scheduled election meeting.
Mr Suri stated that they will argue the inadequacy of the timeline, citing the constitutional requirement of a four-day period prior to the election date.
Mr Suri contended that if one counts back four days before the election date on Thursday May 2, the nomination should have opened on April 28.
However, he said the Governor General’s Notice was issued on April 29 and nominations were opened at10 am on the same day and closed at 4pm on 30 April, which falls short of the four days requirement under the Constitution.
Furthermore, Mr Suri said Wale had raised a point in Parliament before the Prime Ministerial Election for the Governor General to address as a preliminary matter of law.
However, the Governor General was unable to entertain MP Wale’s point of order.
During a brief suspension of the meeting, Attorney General John Muria Junior approached the Governor General for a discussion which resulted in a meeting between the Attorney General, the Governor General and the Governor General’s Private Secretary Rawcliff Ziza.
Subsequently, when Wale sought to see the Governor General through the ADC, he was informed by the Private Secretary that the Governor General had decided and ruled that the election would proceed.
Mr Suri said they decided to escalate the matter to the High Court for clarification because the advice received by the Governor General from the Attorney General and the Private Secretary was legally-flawed.
He said they might argue that the Governor General’s decision is final but he pointed out the existence of an “ouster clause” in law.
Mr Suri said the “ouster clause” would not be applicable in this case because the Governor General had erred in jurisdiction and had misdirected the interpretation and application of the law.
He said it is important to resolve this matter promptly to avoid similar issues recurring in future elections, adding that while it may seem a minor legal issue, it is fundamental to the integrity of the country’s political processes and the election of a Prime Minister.
The High Court hearing will be presided over by the Chief Justice Sir Albert Rocky Palmer.
Wale lost the Prime Ministerial Election to Jeremiah Manele by a vote count of 18-31. There was one absentee and that was the Member of Parliament for Temotu VATUD, Freda Tuki Rangirei who was stranded in her constituency after the Joint Election.
By EDDIE OSIFELO
Solomon Star, Honiara
