Exercising his powers under the Organic Law, Chief Justice Sir Salamo Injia was able to act by appointing a Leadership Tribunal against Vanimo-Green MP, Belden Namah.
A three-judge Supreme Court bench found that there was no conflict of interest and no reasonable apprehension of bias when he appointed members of the tribunal to investigate the allegations of misconduct in office.
Namah’s lawyer Greg Sheppard had earlier argued in court that Sir Salamo, in appointing a leadership tribunal against Namah, was unlawful as the Chief Justice was involved in the referral as well as one of the 10 allegations against Namah.
Namah had referred to the Supreme Court a question: Was the Chief Justice Sir Salamo Injia in the circumstances of the case, “unable to act” by operation of section 169(4)(c) of the Constitution to effectively exercise his powers, functions, duties and responsibilities under section 27(7)(e) of the Organic Law on the Duties and Responsibilities of Leadership? The court found Injia was able to act.
The court found that leadership tribunals are established under section 28(1)(g) of the constitution as “independent” tribunals are not subject to directions or control by any person or authority, including the Chief Justice.
“The fact that the Chief Justice was, on the one hand, an alleged victim of the plaintiff’s (Namah) misconduct, and a potential witness and, on the other hand, the appointing authority, will not have any effect on how the case was decided by the tribunal,” the high court found.
On April 13 last year, the Ombudsman Commission referred Namah to the Public Prosecutor. A request was later made by the Public Prosecutor to the Chief Justice on Aug 14 last year to appoint a leadership tribunal. That tribunal was appointed on Oct 9. A tribunal sitting took place on Oct 26 last year.
On Feb 5, Namah’s leadership tribunal hearing was stayed by the National Court pending the hearing and determination of one constitutional question that was referred to the Supreme Court for determination.
(Loop file picture of Namah.)