THE election petition of the Southern Highlands provincial seat between Hami Yawari and Anderson Agiru will go for trial on Dec 2.
Lawyers representing Mr Agiru and Mr Yawari turned up at the Supreme Court on Oct 2 and were given directions to return to court by that date.
The election petition case had taken almost two years for it to be resolved through the courts.
The petition was first thrown out by National Court Justice Mark Sevua because of non-compliance, but Mr Yawari appealed to the Supreme Court and was granted leave for review by Chief Justice Sir Salamo Injia.
The case took another twist when Mr Yawari’s lawyer, Philip Ame, withdrew his services due to non payment of fees, and the Chief Justice put on summary determination before a three-man bench.
Lawyers for Mr Agiru and Electoral Commission filed to have the case dismissed but Mr Yawari’s lawyers used another option – the slip rule.
The Supreme Court refused the application to dismiss the case as there was enough evidence available on Yawari’s slip rule application.
The Supreme Court gave certain directions to file the review book which came before the Court last Sept 2, when the Chief Justice asked whether leave was required under the slip rule for Mr Yawari to argue before a full Supreme Court bench.
Last Friday, Mr Yawari’s lawyer, Ignatius Mambei, argued that because the leave has been granted by the Chief Justice for 18 grounds, in slip rule application, there is no need for leave to be granted.
The court considered Yawari’s submission and set Dec 2 for full trial by the Supreme Court.
Mr Yawari said outside the court that he wanted to correct the mistakes of 2007 that must not be allowed to be repeated in 2012.
He argued that the Electoral Commission by signing an MoA with a candidate was giving the seat away to that candidate and in this particular case, Anderson Agiru.
“That must be corrected and not repeated in 2012 elections.
“If you allow this to go unchecked, authorities can declare anyone on the streets elected in an election,” Mr Yawari said.