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.
Justice Collin Makail instructed him to serve the motion on Potape’s lawyer and the other defendants before the matter can be heard on Friday.
Clerk of the Hela Provincial Assembly Watson Ebela is listed as the second applicant in the motion.
Deputy Hela Governor, Thomas Potape, and the Deputy Clerk of Hela Provincial Assembly Filbert Tuya, are listed as the second and third Defendants or respondents in the matter.
Last Tuesday (Sept 13) the Hela Provincial Assembly met in Tari where nine out of the 13 members unanimously elected Francis Potape as the new governor.
Those absent during the meeting were Undialu, Tari-Pori MP James Marape, the female Church Representative, and the Awi Pori Lagayu LLG president.
Ebela, who was supposed to take minutes of the meeting, was absent, which saw the Deputy Assembly clerk step in to take minutes.
(Pictured is Koroba-Lake Kopiago MP, Philip Undialu, outside the court precinct today.)