The Ombudsman Commission will be appealing against the decision of the National Court through a Supreme Court application in a matter surrounding the borrowing of the K3 billion UBS loan, a case involving the Prime Minister.
Lawyers representing the Ombudsman Commission told the Supreme Court on Monday afternoon they are appealing against the decision of Jan 28, 2015 which saw the National Court allowed Prime Minister, Peter O’Neill certain orders restraining the Ombudsman Commission and obtain a reference under section 18(2) of the constitution for interpretation.
This is all in relation to the alleged improper borrowing of K3 billion loan from the USB AG by the government to purchase 149, 390, 244 shares in Oil Search limited and improper tender and procurement of consultants in relation to the borrowing.
The Ombudsman Commission through its lawyer informed the court they filed an application seeking leave of the court to appeal against the interlocutory orders however it remains unsigned and unsealed.
Chief Justice Sir Salamo Injia directed they go back to registry and fix the appeal. He also issued directions for the matter to return on July 4.
On Jan 28 ,2015, Justice Catherine Davani allowed the Prime Minister, orders of interim injunction against the Ombudsman Commission publishing a publication of a preliminary report into the borrowing of the K3 billion loan from the Union Bank of Switzerland.
The order also saw the PM succeed in referring two sections of the Organic Law to the Supreme Court for further determination. A reference brought under section 18(2) of the constitution.
This also saw the case before the National court stayed, pending the outcome of the Supreme Court reference, a matter still before the High court.
Justice Catherine Davani in a 36 page ruling issued an interim injunction on Jan 28 last year, restraining the Ombudsman Commission, Chief Ombudsman Rigo Lua and Ombudsman Phoebe Sangetari from:
- investigating any conduct on the part of the Prime Minister under section 219(1)(a) of the constitution and section 13 of the Organic Law on the Ombudsman Commission
- publishing in any form the result of any investigation carried out by the Ombudsman Commission whether by forwarding a copy of its conclusion, recommendation and suggestions to the person holding the position described in section 23 (1) of the Organic Law on the Ombudsman Commission,
- publishing any form the Provisional Report of December 2014 signed by Chief Ombudsman Rigo Lua and Ombudsman Phoebe Sangetari, and
- publishing in any form any amended Provisional report or final report.
Justice Davani also referred a total of 11 questions to the Supreme Court for further determination.