Decision on Danaya petition be reviewed

National, Normal

The National, Thursday 25th April 2013


CHIEF Justice Sir Salamo Injia has allowed a review of a national court decision which dismissed an election petition filed by former Western governor Dr Bob Danaya.

The national court had dismissed on May 5 in Daru, Western, the petition he filed against the man who beat him during the 2012 general election Ati Wobiro.

Sitting in the Supreme Court as a single judge, Sir Salamo ruled that there was an important point of law that needed a full three-man bench to review in the lower court’s decision.

Danaya in his petition made bribery claims against Wobiro and allegations of irregularities by the Electoral Commission.

Wobiro, through lawyer Goiye Gileng of Posman Kua Aisi Lawyers, had earlier filed a notice of objection to the competency of the petition. 

He argued the petition did not comply with the Organic Law in relation to proper attestation, saying one of Danaya’s witnesses Sanaka Kela failed to state his correct occupation.

Sir Salamo, however, ruled that there was an important point of law that a three-man bench needed to look at.

Meanwhile, Sir Salamo also directed Edward Ekanda, a petitioner in the Komo-Margarima seat in Hela, to insert a transcript of court’s ruling on Nov 8 last year into his review book, which was a requirement by law.

Ekanda’s lawyer, Philip Ame has been given until next Monday to do that.

Ekanda is challenging the national election victory of MP Francis Potape.