Court orders directions hearing

THE Supreme Court has ordered a directions hearing for a judicial review of a National Court’s decision which dismissed an election petition on the Kainantu Open seat.
The petitioner is William Hagahuno and the seat is held by Mining Minister Johnson Tuke.
Justice David Cannings made the ruling yesterday on behalf of four other judges after he dismissed an objection to competency filed by the Electoral Commission (EC).
The EC, which filed the objection to competency on April 23 against Hagahuno’s appeal regarding the National Court’s decision, claimed that Hagahuno included a new ground of review which was not included at the time leave was granted to appeal.
The court, however, ruled that it (court) was not being bound by its own decisions, was entitled to, and when faced with conflicting lines of authority to adopt what was most appropriate to the circumstances of the case and advances the interest of the justice.
In this case, Justice Cannings ruled that leave for review was already granted which had engaged the court’s jurisdiction.
The court ordered that the inclusion of the new ground would not make the application to appeal the National Court’s decision incompetent or result in proceedings being dismissed.
Hagahuno, on March 12, filed an application to review the National Court’s decision, after his petition regarding Kainantu Open Seat was dismissed for not complying with requirements of a petition.
In the application for the review, Hagahuno included a new ground of review which related to Johnson allegedly bribing Ino-onka villagers in Kainantu during the 2017 national elections.
The directions hearing will be on July 7.