National Court dismisses another appeal from UOG

THE National Court yesterday dismissed a second application filed by the former governing council of the University of Goroka that sought to review the decision by Minister for Higher Education, Science, Research and Technology Wesley Raminai to revoke their appointment. Justice Nicholas Miviri ruled that the application had no merit given that it raised grounds that were already raised and determined in the previous application which was refused due to non-compliance of court rules. “That proceedings was heard and dismissed by operation of Order 16 Rule 3 because leave was not pleaded as required,” he said. “It was pleaded with substantial reliefs breaching the rules and so was determined and refused. “This is the same cause of action by the same parties as was in that other proceedings coming back on the same cause of action, reigniting that a technicality denied the substance of the contention that they placed. “What must me clear is that when a court has determined a matter on its merits as was the case in this cause of action initially, that court is ceased of jurisdiction in that matter.” The new governing council, chaired by Joe Wemin, welcomed the court’s decision, saying that it confirmed that the decision by the minister was proper and in accordance to the law under Section 152(3) of the Higher Education (General Provisions) Act 2014 and 2020. “I want to inform the public and the stakeholders that the court challenges brought by the previous interim council have been dismissed at its entirety” Wemin said at a press conference. “The court decision (yesterday) reflects that the minister followed the law.” UOG’s acting Vice-Chancellor Dr Teng Waninga assured that his appointment by the minister was accepted by the students and stakeholders.