Assembly stays NEC decision

By ELIAS NANAU
THE National Court yesterday granted a stay on the National Executive Council’s (NEC)move to suspend powers of the Motu-Koita Assembly and appoint an administrator over allegations of maladministration.
Deputy Chief Justice Gibbs Salika granted stay orders favouring Motu-Koita Assembly chairman Miria Ikupu and those orders remain effective until the final determination of a court challenge filed by Ikupu.
It means Ikupu and his councillors will continue to perform their political and administrative functions.
Prime Minister Peter O’Neill and the NEC were to appear in court yesterday but did not and Salika granted the orders against them sought by Ikupu’s lawyer Paul Mawa.
Mawa told Salika the defendants, including the state, had been notified by way of writing but it appeared they were not in court.
“The defendants have neglected and, by their conduct, do not want to come to court,” Salika said.
He granted a stop against any execution of the NEC decision on Oct 10 and published in a Gazettal Notice on Oct 25.
Salika ordered that the appointed administrator be restrained from assuming office and taking control of the political, financial and administrative affairs of the Motu-Koita Assembly.
He granted orders that the National Capital District Commission continue to pay the Motu-Koita Assembly all monthly goods and services grants as ordered by the court on Feb 28, 2011, and the management and board of NCDC was prevented from relying on the NEC decision.
A further order was that any commercial bank that the Motu-Koita Assembly did banking with shall continue allowing Ikupu and his members to transact, meet their operational expenses and fund development projects and activities.