ENB Governor restrained

A permanent injunction has been granted by the Kokopo National Court, restraining the East New Britain Governor, his servants and agents from interfering with or removing directors of the Board of the East New Britain Development Corporation.

They are also restrained from terminating the Corporation’s employees.

The orders were issued after the National Court declared Governor Nakikus Konga is not a shareholder of the ENBDC and cannot act as one or carry any functions as a shareholder.

East New Britain Development Corporation is an incorporated company, where the East New Britain provincial government is the sole shareholder of the Corporation.

On August 4, three of its Board directors; Henry Tavul, Hosea Turbarat and Abigail Waula, were terminated. They filed a case challenging the decision, whereby Governor Nakikus Konga and the ENB Executive council were listed as first and second defendants respectively.

They commenced the court proceeding in September, where interim orders were granted, and they remained board members, while they in the substantive, sought the court’s declaration to nullify their removal as directors.

A trial was heard by Justice Thomas Anis on October 11th. In his ruling last week, he was of the view that the ENB Provincial Executive council cannot make decisions in dealing with the affairs of the ENB Development Corporation.

Governor Konga does not have an automatic right to represent the provincial government in the development corporation or its affairs.

It was declared Governor Konga is not a shareholder of the ENBDC, thus cannot act as one or carry out its functions.

The court nullified the termination of the three plaintiffs, including the appointment of new members of the board of directors.

Permanent restraining orders were also issued against Governor Konga, stopping him from interfering with the affairs of ENBDC.         

(Governor Nakikus Konga filepic)    

Sally Pokiton