Koroba-Lake Kopiago MP

This should begin with elections in the provincial assembly because so much is at stake.

Undialu, who is contesting the Hela Regional Seat and has been in and out of court over the governor post, said precedent has to be set to follow the law to be elected governor. 

He made these comments outside the Waigani court precinct following the National Court’s decision, declaring Potape’s election as governor illegal for the third time.

With just 17 days to go to before polling, the Waigani National Court today handed down its ruling on the ongoing tussle between Koroba-Lake Kopiago MP Philip Undialu and Komo-Margarima MP Francis Potape, over the governor’s post.

This is the third time the court has declared Potape’s election as Governor illegal.

The National Court on 14 June 2016 declared his elections on 29 December 2015 illegal.

With the issue of writs set to take place on April 20, the issue of the governor’s seat has been the subject of legal battle since the death of the later Governor Anderson Agiru on April 28, 2016.

Lawyers representing Koroba-Lake Kopiago MP, Philip Undialu and Komo-Margarima Francis Potape who was purportedly elected governor presented arguments in court before Justice Collin Makail on Monday.

He reserved his ruling to a later date after hearing submissions.

This case was filed by Undialu and is substantively asking the court to nullify Potape’s election.

The amended notice of motion filed on Sept 19 in the Election Petition Originating Summons No.8/2016 seeks, amongst other things, an order restraining Potape from performing the functions and duties as Governor for Hela Province.

That motion briefly went before the National Court this morning but could not be heard as the defendants’ lawyers, including Potape’s lawyer, were not served the motion.

Undialu’s lawyer Justin Wohuinangu said they could not effect service of the motion on Potape’s lawyer Philip Ame.