Momis to refile special reference on constitution

A SPECIAL reference filed by Bougainville President John Momis questioning certain provisions of the Bougainville constitution will be re-filed after the Supreme Court pointed out an anomaly.
It had been filed on behalf of Momis by lawyer Loani Henao from Henao Lawyers.
A five-man Supreme Court bench comprising Chief Justice Sir Gibbs Salika, Deputy Chief Justice Ambeng Kandakasi, Justice Nicholas Kirriworm, Justice David Cannings and Justice Les Gavara-Nanu ruled that Henao had used the wrong provision under the constitution to invoke the court’s jurisdiction.
They ruled that the correct provision to invoke the court’s jurisdiction when dealing with interpretation or clarification of the constitution was Section 301, not Section 210.
Section 301 speaks of special references to the Supreme Court which gives the Bougainville legislature and executive, the authority to make application to the Supreme Court in accordance with s.19 to seek validity of a law or proposed law or interpretation or application of any provision of a constitutional law.
Justice Kandakasi said provisions used under the Constitution to invoke its jurisdiction must be consistent because an amendment was not a remedy in correcting such faults.
Henao was granted leave to have the matter withdrawn after being convinced that the provision used was incorrect.
Henao will be refilling the reference on behalf of Momis concerning the substantive matter.