Kandiu files application for leave

The National, Thursday July 14th, 2016

Businessman Michael Kandiu has asked the Supreme Court to allow him to move a slip rule application on the court’s decision to dismiss his bid to review an election petition he had filed against National Capital District Governor Powes Parkop.
Kandiu was the runner-up in the NCD regional seat in 2012 general election.
The application for leave was moved before Justice Collin Makail yesterday.
Kandiu based his application on two grounds.
The first was in relation to question of bribery. Kandiu pleaded that  Parkop had bribed people by giving them money and materials during the election period.
He submitted that the primary judge not only dismissed the facts pleaded in the petition as being deficient and unclear but formed assumptions that could mean the use of the money was to transport and feed scrutineers.
In the second ground of his application, Kandiu submitted that part of the statement by the court was contradictory and not consistent with procedures of dealing with scrutiny and counting.
The court had made a reference to the excluded ballot boxes saying: “It is too late for Mr Kandiu to complain about it because the returning officer had made a decision to exclude them from scrutiny after consulting the Electoral Commission and Mr Kandiu cannot hack back and ask the returning officer to admit the ballot boxes to scrutiny and counting.”
Kandiu filed an election petition in the National Court on September 14, 2012, challenging the election of Parkop as NCD governor.
The respondents, which included Parkop and the Electoral Commission, filed an objection to competency of the petition and the court upheld it and dismissed the petition on March 7, 2014.
Aggrieved by the ruling, Kandiu filed an application at the Supreme Court to review that decision.
The higher court dismissed Kandiu’s application for review on April 30, 2015.