Anisi out, Aimo in

By ELIAS NANAU
TONY Waterepu Aimo, the former correctional service minister, has become the first successful election petitioner out of the 105 petitions registered after the 2012 general elections.
Justice John Kawi yesterday nullified the election of Ezekiel Anisi as open member for Ambunti-Dreikikir in East Sepik and declared Aimo duly elected at the Waigani National Court.
Aimo became the first person to be declared by the Court of Disputed Returns following a successful election petition instead of going through a by-election.
“I do not consider by-election as a logical thing,” Kawi said.

Aimo had asked the court to declare him elected if it disqualified Anisi and Kawi upheld it.
Aimo’s election petition was the first to be registered and he argued that Anisi was below the age of 25 when he contested the 2012 general election, contrary to the Organic Law on provincial and local level government elections.
Aimo had also argued that Anisi did not have his name on the ward electoral roll and, therefore, he could not contest the elections.
Kawi found that Anisi did not have his name on the electoral roll at his Waringima village, although Anisi had argued that he voted using the name Anisi Sigi Mahete at Luwaite village.
“In my view, it is crystal clear that if you don’t have a name on the electoral roll, you cannot vote and stand for elections,” Kawi said.
“How did the Electoral Commission approve his name to stand as Ezekiel Anisi?”
Kawi had also concluded that Anisi was elected when he was 23 and it was against the law on electoral qualifications to be a member of parliament.
“Electoral qualifications must be fulfilled to be the winner. It is mandatory that a member must be 25 years or more. Parliament is not a small cubby house for small boys,” he said.
“I find that there’s a lot of tempering in this case. This was done conveniently to falsify the age.”
Kawi had considered that Anisi was born at Kudjip’s Nazarene Hospital in the Western Highlands on Sept 1, 1988, and his elder brother Eugene was born on Sept 22, 1986.
Kawi also relied on evidence from the Education Department’s measurement services unit, the initial birth certificate Aimo obtained from the birth registry office and his student information from the Institute of Business Studies.
He said they were all consistent. Aimo said it was victory for the rule of law and the Constitution.
Anisi left the court early and could not be reached to comment.