Supreme court resumes today for Parliament sitting case

National

FIVE judges of the Supreme Court are expected to hear today arguments on legal issues raised by Ialibu-Pangia MP Peter O’Neill on the two recent sittings of the Parliament.
O’Neill, represented by lawyer Greg Sheppard, had asked the court to determine whether Speaker Job Pomat was right in recalling Parliament on Nov 17 after MPs had passed a motion on Nov 13 that it be adjourned to Dec 1.
The Supreme Court panel comprising Chief Justice Sir Gibbs Salika, Justice David Cannings, Justice Derek Hartshorn, Justice George Manuhu and Justice Ere Kariko will hear the submissions today.
The other parties in the case are Pomat represented by lawyer Charles Mende, and Justice Minister and Attorney-General Pila Niningi represented by lawyer Nemo Yalo.
On Monday, the Supreme Court stayed the Parliament sessions scheduled for Dec 1 and April 20 next year, pending its determination of constitutional issues in the case.
O’Neill is asking the court to declare that:

  • THE Speaker’s decision to recall Parliament on Nov 17 was unconstitutional, invalid and ineffective;
  • THE meeting of Parliament on Nov 17 was unconstitutional, invalid and ineffective;
  • THE 2021 national budget purportedly passed on Nov 17 was unconstitutional, invalid and ineffective; and,
  • THE decision to adjourn parliament to April 20, 2021 was unconstitutional, invalid and ineffective.