The Supreme Court will go ahead to review the decision of the National Court which dismissed the election petition challenging Nick Kuman’s election as Gumine MP.
The petition was found to be incompetent by the National court resulting in its dismissal on 14 February.
It was dismissed because the National court was of the view that the winning margin, absolute majority and the total number of allowable ballot papers that remained in court after the final exclusion and before declaration were also not been pleaded in the petition, amongst other things.
Chief Justice Sir Salamo Injia in his ruling this afternoon said the ground was sufficiently pleaded in the petition.
He said the figures of votes collected by Dekena was pleaded including the elimination and final tally to reach a winner.
That was an important point of law established that had serious issues arising from the trial judge’s decision to dismiss the petition.
Sir Salamo went on to say that other issues raised as grounds in the leave application are consequences and will be looked at in the substantive review.