Court orders Hela petition to go to trial

THE Supreme Court has ordered that the election petition for the Hela regional seat go to trial in the National Court.
The court has upheld a judicial review application by candidate Francis Potape against Governor Philip Undialu and the Electoral Commission.
The court comprised a three-member bench of Justice George Manuhu, Justice Allen David and Justice Terence Higgins.
It upheld the application on the grounds the petition’s objection to competency decision by Judge Ellenas Batari on Jan 24 entertained submissions from parties although he identified essential allegations where the provincial returning officer failed to publicly declare the result of the election and name the elected candidate.
Justice Higgins, when handing down the decision, had said the petitioner’s case was clear and unambiguous that it should be tested at trial.
“It is true that the process of reasoning whereby the provincial returning officer decided the results inconsistent with the figures last ascertained were not specified,” he said.
“Nor it follows a pleading of any facts on which he relied to come to his conclusion.”
The bench ordered that the respondents pay the petitioner’s costs
Potape welcomed the Supreme Court decision.
“It’s a simple case, I have no issues with the election, I only have an issue with the declaration,” he said.