Court dismisses slip-rule application to restrain EC

THE Supreme Court has dismissed a slip-rule application filed by the Umi-Atzera local level government (LLG) of Markham district, Morobe to restrain the Electoral Commission from intervening in a court reference.
Chief Justice Sir Gibbs Salika dismissed the application yesterday on grounds that the slip-rule application was misconceived, and an abuse of process.
“I did not slip, Umi-Atzera LLG sought to restrain the Electoral Commission but not the Inter-Government Relations Minister Kevin Isifu.”
The reference was filed by the Ombudsman Commission for the Supreme Court to interpret the legality of the LLG elections after being delayed for two years.
On April 25, Sir Gibbs stayed the election process and ordered that the legality of the LLG elections be heard and determined before the election process could start.
“First of all they (Umi-Atzera LLG) failed to prosecute their application for seeking restraining orders.
“And that the slip rule application was misconceived.
“The matter is dismissed with costs because they should have read their application carefully, and then seek to apply to restrain the minister for inter-government relations.
“They never applied to restrain the Isifu.
“The court was supposed to hear Isifu’s application to become an intervener in the matter yesterday, however it could not proceed because the Umi-Atzera LLG and the Ombudsmen Commission did not appear in court.”
Sir Gibbs ordered that the matter return on May 27 to hear Isifu’s application.
The court will also hear an application by the Attorney- General and the Electoral Commission seeking to discharge Sir Gibbs temporary interim orders to allow the elections to proceed on the same date.