Komo-Magarima MP Francis Potape’s lawyer Philip Ame moved an application before the Supreme court yesterday, seeking to stay the National Court’s decision of January 7.
The application was moved before Justice Sir Bernard Sakora who was sitting as a single Supreme Court judge.
After hearing the lengthy submissions that also saw a lot of documents tendered in court, Justice Sakora adjourned the matter to this morning (Jan 13) to give his ruling.
Potape’s lawyer moved the application on the grounds that MP Anderson Agiru was notified of the meetings of Dec 22 and Dec 29, 2015.
Ame told the court that Agiru was notified of the meeting on Dec 22 and responded.
He said the main ground of the application is the fact that a majority of the Hela Provincial Assembly voted in favour of Potape taking the position of governor of Hela.
He further submitted that all procedures of the Organic Law on Provincial and Local Level Government were followed and not less than one week’s notice was given to Agiru prior to the meetings.
Agiru’s lawyer, Gileng submitted Potape’s application was an abuse of process as the matter at the National Court will return to court on February 19.
He said the status-quo had been preserved as per the Jan 7 National Court’s orders and that the balance of convenience favoured public interest.
He added that is the matter progressed to Feb 19, all the issues of compliance with the processes will be addressed in the National Court.