High Court to decide on Namah reference

A Three-Judge Supreme Court bench will deliberate on and give its ruling sometime next week, on a constitutional question relating to the appointment of the Leadership Tribunal against Vanimo-Green MP, Belden Namah.

Justices David Cannings, Allen David and Hitelai Polume-Kiele reserved their decision on the matter to next week after hearing lengthy submissions from parties involved in the case today.

Namah is the referrer; members of the tribunal are the first defendants, the public prosecutor the second defendant, the Ombudsman Commission the third while the Chief Justice is the fourth defendant.

The constitutional question argued by parties in court today was from section 18(2) of the Constitution and section 169(4(c) of the constitution. Both provisions concern the Chief Justice and appointments of Leadership Tribunals that enquire into the conduct of leaders.

Namah’s lawyer Greg Sheppard told the court that actions of the Chief Justice, Sir Salamo Injia in appointing a Leadership Tribunal against Namah was unlawful as the Chief Justice was involved in the referral as well as one of the 10 allegations against Namah.

Namah argues through his lawyers that the actions of the Chief Justice is one where a clear conflict of interest arose from, as one of those allegations he is facing concerns the judiciary. 

This is the allegations where Namah stormed into the National and Supreme Court building during the 2011 Political impasse, interrupting a court sitting and ordered the arrest of the Chief Justice. 

Sheppard said the Ombudsman Commission after conducting their  investigation should have directed the Chief Justice to deem himself ‘unable ‘to make the appointment and appoint another Judge to act on the Public Prosecutor’s referral.

He said the Chief Justice was ‘unable’ to act on the referral of Namah for legal reasons however lawyer for the Ombudsman Commission, Michael Efi told the court that the Chief Justice in the circumstance as he was in, is simply to oblige to appoint members of a tribunal to deal with matters concerning the Leadership Code.

Efi said the Chief Justice was ‘able’ to perform his function. This argument was also backed up by lawyer representing members of the Leadership Tribunal, Emmanuel Isaac.

Isaac submitted in court that the Chief Justice is bound to appoint a tribunal from referrals as part of his administrative functions.

(Picture: Namah and his lawyer, Greg Sheppard outside court today. )

 

Author: 
Sally Pokiton