Supreme Court refuses ABG official’s leave for judicial review

By CLARISSA MOI
THE Supreme Court ruled last Tuesday that a former Autonomous Bougainville Government (ABG) official will not be on the payroll after her leave for a judicial review of her termination was refused by the National Court.
ABG’s former director of strategic planning and policy coordination, Nancy Warkia, sought leave to apply for a judicial review of the National Court decision on her termination by the ABG which was refused. Her application to stay her suspension was also refused.
The National Court had ordered that Warkia be put back on the payroll and any payment that she was supposed to receive since her dismissal be reimbursed.
Warkia’s employer, Bougainville Affairs acting secretary Shadrach Himata and the ABG, filed in the Supreme Court against the additional order by the National Court to put Warkia back on payroll.
Himata and the ABG argued that the court had erred on the grounds that there were no proceedings on the case which allowed for Warkia’s termination to come into effect.
The three-man Supreme Court bench comprising Justice Iova Geita, Justice Thomas Anis and Justice Theresa Berrigan upheld the application and quashed the additional orders by the National Court to put Warkia back on payroll and be paid her dismissal entitlements.
“So when the trial judge refused Warkia’s leave application, what does that mean?” the bench said.
“In our view, it simply means that she was denied permission to challenge Himata and the ABG’s decision to terminate her by way of a judicial review.
“When leave was refused, that concluded the judicial review proceeding.
“It meant there was no proceeding on foot pending.”
However, in the present case, the trial judge proceeded to make additional orders that favoured Warkia.
“We find that in doing so, the trial judge erred in law,” the bench said.
The Supreme Court found that the trial judge lacked jurisdiction as there was no basis or cause of action that was pending before him at the time he made the additional orders which was for Warkia to be reinstated and be paid her dismissal entitlements.
The trial judge also adjourned the judicial review proceeding to the registry to await the outcome of Warkia’s appeal to the Public Service Commission.
The Court also ordered that the file be closed.