The Supreme Court will continue its hearing this morning on the matter involving the Correctional Service Commissioner’s post.
This follows the lengthy submissions presented yesterday by parties involved.
The court will hear an application from National Court re-instated commissioner, Michael Waipo challenging the competency of Ben Nepo’s appeal that was heard yesterday.
Yesterday Nepo’s asked the court to stay the National Court’s decision of May 5 reinstating Michael Waipo as Correctional Service Commissioner.
Nepo’s lawyers filed the stay application on June 5 asking the high court to halt the decision of May 5 that was handed down by the National Court from a judicial review proceeding.
The Supreme Court appeal filed by Nepo is also seeking interim orders to reinstate him, as the acting commissioner pending his appeal.
Waipo’s lawyer opposed Nepo’s application seeking to stay the National Court decision of May 5, saying he (Nepo) has no legal standing to move such an application as he was not an appointing authority.
Waipo’s lawyer submitted that the court will fall into error if they allow Nepo’s application.
His lawyers also moved an application asking the court to restrain the National Executive Council, Correctional Service Minister Jim Simatab and Nepo from revoking his appointment to the post of Correctional Service Commissioner.
Waipo will reach the retirement age of 60 in two months’ time.
Justices George Manuhu, Allen David and Hitelai Polume-Kiele will make a ruling on all the applications at a later date.
(Picture: File picture of Nepo and his supporters outside the court house.)