Lawyer asked to explain

DEPUTY Chief Justice Ambeng Kanadakasi has asked Opposition Leader Belden Namah’s lawyer to explain how the decision on Namah’s standings in an application questioning the prime minster’s election resolved issues raised in an amended objection to competency filed by the prime minister’s lawyer.
Namah’s lawyer raised this in the Supreme Court yesterday during a hearing of amended objection to competency filed by Prime Minister James Marape’s lawyer McRonald Nale, from Jema Lawyers, against the substantive application.
The amended objection to competency was heard by a panel comprising justices Kanadakasi, David Cannings and Jeffery Sheppard.
The decision of standings which was delivered in favour of Namah on Monday happened to be the grounds which Namah’s lawyer Greg Sheppard used to claim that there were no issues of competency in the application filed.
Greg Sheppard claimed that there were no competency issues because it was dealt within the hearing of the standings.
“The issue of the status of the applicant (Namah) as leader of Opposition is not relevant to the competency” he said.
However, Nale, in the amended objection to competency, argued that there were issues on Namah’s capacity as the leader of Opposition and prescribed form which was used to file the special application.
Nale further argued that leave of the court was not taken when the amended application was filed.
Greg Sheppard submitted that the amended application was filed before any intervener was granted leave to be a party to the proceedings.
Nale and Justice and Attorney-General’s lawyer Remo Yalo was content that Namah lacked the capacity as the leader of Opposition at the relevant time he filed the special application and non-compliance with Order 4 Rule 1 and 3 and form 1 of Supreme Court rules.
Nale said that Namah had failed to correctly entitle the form as application and not reference.
Nale mentioned this when Greg Sheppard wrongly used post Supreme Court rules to claim the form prescribed to file the application be used for the word reference.
Further, during the hearing justices Kandakais and Cannings also made reference that there were no provisions in the Constitution prescribing how opposition leaders should be recognised.
Justice Sheppard also told Namah’s lawyer that decision on the standings did not highlight the pleading constitutional issues raised in the election of the PM.
The ruling on amended objection to competency will be delivered tomorrow if the decision is against Nale, the court will hear the application on amended application.