Application to review dismissed election petition rejected

The Waigani Supreme Court has dismissed an application to review a dismissed election petition regarding the Wosera-Gawi electorate in East Sepik.
Runner-up Francis Baindu filed a petition challenging Joseph Yopiyopi’s win in the 2017 national election, but his petition was dismissed by Justice George Manuhu at the Wewak National Court in July last year.
Baindu applied to the Supreme Court for a leave to review Manuhu’s decision but Justice Derek Hartshorn dismissed his application by granting another application by the Electoral Commission.
Justice Hartshorn ruled that Baindu only attached the National Court’s judgement without attaching the court orders, which was not in line with Supreme Court rules.
Baindu’s application stated that the judgement contained the orders, but Order 5 Rule 11 of the Supreme Court Rules specified that the applicant must submit his application inclusive of an affidavit plus the court judgement and orders.
Yopiyopi’s lawyer identified the error and applied for Baindu’s application to be dismissed.
Hartshorn allowed Yopiyopi’s application and dismissed Baindu’s.