A motion filed by Komo-Margarima MP, Francis Potape, in the Waigani National Court over the Governor’s election on July 5 seeking interim orders was heard by the court today.
Justice Collin Makail heard parties’ arguments in court after he refused an adjournment sought by the first defendant, Member for Koroba-Lake Kopiagio, Philip Undialu.
The court was told that notices were issued for a meeting to be held on June 28 at the Hela Provincial Hall in Tari at 10am. All 13 members of the assembly met there and Francis Potape was nominated in the meeting, which was chaired by Deputy Governor Thomas Potape.
Potape’s lawyer, Philip Ame, told the court that only one nomination was done, which was the nomination of Potape. Undialu was present but was not nominated for the post.
Ame also said that Potape was to be declared governor that day however, disturbances by Tari-Pori MP Francis Marape and Undialu took place that morning, which saw the election adjourned to July 5 at 2pm.
On July 5 at 2pm, Thomas Potape again chaired the Provincial Assembly meet, which was attended by seven members of the Assembly. It was then that Francis Potape was declared Governor.
However, Undialu’s lawyer, Goiye Gileng, submitted before the court that the adjournment from June 28 was to 10am on July 5 where the Provincial Assembly clerk Watson Ebela gave notices which were even published in the Post-Courier newspaper.
Gileng said notices clearly indicated 10am on July 5 and not 2pm. Agendas on the notice was for the swearing in of one of the LLG presidents and the election of the governor.
He went on to say that even the Deputy Governor sent a letter to the senior provincial magistrate in Hela of the meeting at 10am and not 2pm.
Gileng said by law, only the provincial assembly clerk should preside and keep meeting minutes of a provincial assembly meeting.
A ruling on the trial has been reserved to a later date.
Potape’s motion is seeking interim orders to have the court recognise him as Hela Governor and Thomas Potape as deputy governor.
The motion also seeks to restrain member Koroba-Lake Kopiagio, Philip Undialu from acting as Governor. Undialu was purportedly elected governor by the Provincial Assembly on the morning of July 5.