Judge dismisses final election petition against Lagea

 THE National Court has dismissed an election petition filed by Nema Yalo against Kagua-Erave MP Aiya James Lagea.

Justice Colin Makail said he was satisfied the issues raised in Yalo’s petition had been “finally and conclusively determined” in another election petition filed by Daniel Tulapi two years ago against Lagea’s 2012 general election victory.  

“The election petition rules recognise the importance of election petitions and the commonality or identical allegations where two or more petitions are filed concerning the same election or return by providing for consolidation of petitions,” Makail said. “That opportunity was given to Yalo but he chose not to take it, opting instead to wait for Tulipi’s petition to be completed.

“In doing so, the same allegation was determined and the parties would be re-litigating the same issues of fact if the court were to accept this proposition.”

The three petitions filed against Lagea were by losing candidates Komeali Ropa, which was dismissed on May 14, 2013, Tulipi which was dismissed on August 3, 2013, and Yalo. Yalo’s petition relied on one ground of bribery to void the election of Lagea. Lagea then filed a notice of motion to dismiss the petition. The motion to dismiss the petition was supported by the Electoral Commission. Makail said he was satisfied that the gist of the allegations in Tulapi’s petition and Yalo’s petitions were the same. 

Makail dismissed Yalo’s submissions and ordered him to pay the respondents costs of the proceedings.