Supreme Court rules to reinstate Yama as Madang governor

THE Supreme Court has ordered the reinstatement of Peter Yama as Madang Governor and stayed the recount for the provincial seat.
A three-man bench comprising Justice Derek Harthson, Justice Allen David and Justice Ere Kariko were satisfied that a stay was appropriate pending the determination of the judicial review of the National Court decision on March 1, 2018.
Justice David delivered the decision yesterday afternoon after the hearing of the stay application.
It sought specific orders to reinstate Yama as governor pending the determination of the substantive hearing of the review of Justice Terence Higgins’s decision on March 1.
The court also stayed that decision by the National Court.
Justice David made the specific order to clarify the doubt regarding the provincial seat after the court upheld Yama’s stay application made by lawyer Ben Lomai.
Lomai said one of the grounds of the substantive review was in regards to section 103 of the Constitution that provided for the qualification of the members of parliament.
The Supreme Court on March 20 upheld Yama’s application to review the National Court’s decision that ordered for recount of the Madang provincial seat and dismissed the petition by losing candidate James Yali.
That decision also upheld the petition by Jerry Singarok on the basis that Yali who was on parole for rape conviction, was not qualified to be nominated.
The provision concerns the qualification for and disqualification from membership.
The substantive review is yet to be given a date by the Supreme Court registry for listing.