Agiru: Not enough info on decision

THE Supreme Court has made a decision to restore Grand Chief Sir Michael Somare and learned people have failed to tell the people about it, Southern Highlands Governor Anderson Agiru said.
 “Much has been said and written by politicians and commentators about the events of Aug 2, 2011, and the Supreme Court majority decision of Dec12, 2011, which restored Sir Michael Thomas Somare as Prime Minister forthwith,” Agiru said in a media statement.
“Lawyers and learned Papua New Guineans have failed to inform the ordinary Papua New Guineans some of the critical facts about the Supreme Court Reference under section 19 (1) of the Constitution filed by the East Sepik government.
“The two facts are that, section 19 (2) of the Constitution (the same law that was relied upon for the successful determination of the constitutional reference) reads, “An opinion given under subsection (1) has the same binding effect as any other decision of the Supreme Court.
“I argue therefore, that the Supreme Court, using its inherent power under the Constitution and powers under section 19 (2) of the Constitution, issued orders as it saw appropriate, on Dec 12, 2011.
“Section 155 (4) of the people’s Constitution says, I quote, ‘Both the Supreme Court and the National Court have an inherent power to make, in circumstances as seem to them proper, orders in the nature of prerogative writs and such orders as are necessary to do justice in the circumstances of a particular case’.
“We failed to explain to our people these facts.
“The Supreme Court has inherent power to order lawful orders as it feels appropriated, while interpreting constitutional law.
“We have made our people to believe that Supreme Court can only give opinions.
“Our people were made to think that the Supreme Court overstepped its mark.
“We have falsely made our people to think that Parliament had inherent power, when it didn’t,” Agiru said.
“We have again, failed to inform our people that the Constitution of our country is what protects and upholds democracy and the institutions of state.
“If we allow our constitutional laws to be broken and disobeyed we will no longer be a democratic nation.
“Anarchy follows when court decisions are disobeyed.
 “I have completed some law courses in
the past but I am not a lawyer.
“I stand to be corrected.
“Lawyers supporting both regimes and all you legal eagles throughout the length and breadth of our country, prove my opinion wrong.
“You all should argue this case for your country and your children’s future,” Agiru said.