Highest court to rule on dismissed MP’s submissions

THE Supreme Court is expected to rule this week on whether or not it should review an earlier decision that nullified Muguwa Dilu’s win as Kundiawa-Gembogl MP.
This follows submissions filed by Dilu to review a National Court decision declaring Dilu’s General Election 2022 victory in the Kundiawa-Gembogl seat null and void on June 6, and that a recount be conducted within 30 days.
Dilu, through his lawyer Goiye Gileng, submitted before Justice Collin Makail in Waigani on Friday, that there was an error made in nullifying Dilu’s win.
“The order to nullify Dilu’s win was not a relief sought in the election petition against him and the Electoral Commission,” Gileng said.
“The petitioner William Onglo only sought a recount of the ballot papers and not to void Dilu’s win. We submit that is an error on law.”
Gileng said among other grounds argued was that Onglo’s petition lacked pleading, however the National Court proceeded to a hearing and nullified Dilu’s win and ordered for a recount.
Onglo’s lawyer, Emmanuel Isaac, argued that leave should not be granted to review the National Court’s decision as there was no error.
“The National Court determined the case on its own merit and made the decision that is fitting,” Isaac said.
“The court has inherent power to make orders in line with what the petition sought.”
He said the close circuit television footage from the counting room was made available and the court was satisfied with its findings.
Isaac said the National Court in its orders set out a time line for when the ballot papers should be moved, when and where to do the recount and how.
“We should not waste time and proceed to (the) recount,” he said.
Justice Makail reserved his ruling for this week.