Undialu withdraws Supreme Court appeal

Koroba-Lake Kopiago MP, Philip Undialu, has withdrawn his Supreme Court appeal that was filed against the National Court’s decision of Sept 6.

Undialu filed the Supreme Court appeal challenging the order of the lower court that told parties to go back to the Provincial Assembly meet and vote a new governor.

His lawyer, Goiye Gileng, informed the Waigani National Court today that they will proceed with the National Court case instead of the appeal in the Supreme Court.

With the Supreme Court appeal withdrawn and out of the way, his lawyers will now concentrate on the National Court proceeding.

Gileng told Justice Collin Makail today that Deputy Hela Governor Thomas Potape and the Deputy Assembly clerk are yet to be served the motion in the National Court.

They have been given till next week to do that and the matter will return to court on Oct 18.

The National Court proceeding is seeking to restrain Francis Potape from exercising the powers and functions of a Governor, following his purported election by the Provincial Assembly meeting on Sept 13 in Tari.

Substantively, Undialu’s application seeks to nullify Potape’s election.

Potape’s lawyer, Philip Ame, also filed a motion in the National Court on Sept 30 seeking to dismiss Undialu’s submission.

On Sept 13, the Hela Provincial Assembly met in Tari where nine out of the 13 members unanimously elected Komo-Margarima MP, Francis Potape, as the new Governor.

This meeting was held in compliance with the National Court order of Sept 6.

Those absent during the meeting were Undialu, Tari-Pori MP James Marape, the female Church Representative and the Awi Pori Lagayu LLG president.

The Hela Provincial Assembly clerk Watson Ebela, who was supposed to take minutes of the meeting, was absent, which saw the Deputy Assembly clerk step in to take minutes.

(Koroba-Lake Kopiago MP, Philip Undialu,centre, walking out of the court precinct recently.)

Author: 
Sally Pokiton