Akunai’s appeal dismissed

THE Supreme Court on Friday dismissed an appeal filed by former Eastern Highlands acting administrator, Samson Akunai.
Akunai filed the appeal against a National Court decision which dismissed a judicial review proceeding he constituted of a decision by the National Executive Council (NEC) regarding the appointment of a new administrator for Eastern Highlands.
In the review proceedings, he claimed that he should have been appointed the provincial administrator and not John Gimiseve (sixth defendant).
He argued that Gimiseve’s appointment as the provincial administrator by the NEC was flawed because proper procedures were not followed.
However, the judicial review proceeding was dismissed after Governor of Eastern Highlands Peter Numu, as chairman of Eastern Highlands provincial council, filed a motion to dismiss it claiming it was an abuse of the court process.
Akunai’s appeal was unsuccessful after it was dismissed on competency grounds filed by Gimiseve.
Gimiseve argued that Akunai filed the appeal outside the 40-day mandatory period given by the court to appeal.
Akunai argued that for the purpose of computation of the 40 days, the court vacation period and public holidays that fell within the 40 days other then Saturdays and Sundays, should be excluded.
The 40th day fell on Jan 1, 2020, and he (Akunai) filed the appeal on Jan 3, 2020, which was the 42nd day.
A Supreme Court bench, comprising Justices Nickolas Kirriworm, Ellenas Batari and George Manuhu, ruled that the appeal was clearly filed outside the mandatory 40-day period given by the court.