The application was withdrawn on Wednesday May 22nd by Manase’s lawyer, John Griffin QC, before a three men bench consisting of Justice Derek Hartshorn, Collin Makail, and Oagile Bethuel Dingake.
The stay application to restrain Parliament and the Private Business Committee from entertaining or dealing with the notice of a motion for a vote of no confidence was filed by Manase on May 15th in relation to the VONCM filed by the Opposition on May 7th.
The VONCM was however withdrawn by the Opposition Leader, Patrick Pruaitch, on Monday May 20th, along with James Marape as the alternative Prime Minister nominee.
The three men bench stated that it would be improper for the court to make a decision on a process which has not taken place or is not in process, especially with the withdrawal of the VONCM by the Opposition.
Before the hearing of the Stay Application, the Speaker filed for an adjournment to hear the stay application
Manase’s lawyers requested that the hearing of the stay application be adjourned to Wednesday May 29th, a day after Parliament sitting resumes. The three men bench however refused the application to adjourn.
Meanwhile, an application by Opposition Leader, Patrick Pruaitch, and Shadow Attorney General, Kerenga Kua, to intervene in the Supreme Court Reference (SCR) 5 of 2018 was dismissed by the three men bench yesterday afternoon.
SCR5 of 2018 seeks the Supreme Court’s interpretation on the legality of a vote of no confidence emotion, powers of the Supreme Court to adjudicate over Parliamentary process, as well as whether the nominated Prime Minister must be from a party with the most numbers, among other issues.