Philip Undialu

Loop PNG understands that, Philip Undialu, has been declared as Governor-elect for Hela Province by Election Manager John Tipa.

However, this is being disputed by Francis Potape, alleging that Tipa burnt the master tally board this morning before doing the declaration.

Potape further alleges that Tipa had been bribed by the People’s National Congress (PNC) Party to declare Undialu without following the proper legal process.

Potape told Loop PNG from Tari that after the final elimination, his score was 67,435 while Undialu collected 65,836.

Chief Justice Sir Salamo Injia adjourned the case yesterday to give time to lawyers to obtain specific instructions from their clients in the case.

The adjournment was granted after lawyer for Koroba-Lake Kopiago MP, Philip Undialu, told the court he was yet to get instructions from his client, who was on a campaign trail in Hela.

Both Potape and Undialu are contesting the Hela Regional Seat in the 2017 National General election.

His lawyer Philip Ame filed a stay application on June 8 to ask the court to stay the National Court decision, one day after Justice Collin Makail found his election null and void.

His election as Governor by the Hela Provincial Assembly members was declared illegal by the National Court for the third time.

The urgent stay application came before the Supreme Court this morning however, Chief Justice Sir Salamo Injia said there was no urgency in the application being moved today.

He adjourned the application to next Monday at 3pm, where it will be moved.

This should begin with elections in the provincial assembly because so much is at stake.

Undialu, who is contesting the Hela Regional Seat and has been in and out of court over the governor post, said precedent has to be set to follow the law to be elected governor. 

He made these comments outside the Waigani court precinct following the National Court’s decision, declaring Potape’s election as governor illegal for the third time.

With just 17 days to go to before polling, the Waigani National Court today handed down its ruling on the ongoing tussle between Koroba-Lake Kopiago MP Philip Undialu and Komo-Margarima MP Francis Potape, over the governor’s post.

This is the third time the court has declared Potape’s election as Governor illegal.

The National Court on 14 June 2016 declared his elections on 29 December 2015 illegal.

With the issue of writs set to take place on April 20, the issue of the governor’s seat has been the subject of legal battle since the death of the later Governor Anderson Agiru on April 28, 2016.

Lawyers representing Koroba-Lake Kopiago MP, Philip Undialu and Komo-Margarima Francis Potape who was purportedly elected governor presented arguments in court before Justice Collin Makail on Monday.

He reserved his ruling to a later date after hearing submissions.

This case was filed by Undialu and is substantively asking the court to nullify Potape’s election.

Central Bank Governor Loi Bakani confirmed that to Loop PNG today.

Bakani clarified that the release of the levy was done only after the request was in compliance to the trust arrangement.

He added that as a banker, compliance to the arrangement that was put in place at the time of establishing the trust account is paramount and sufficient for them to effect the transaction.

"There are 2 trustees or signatories to the trust account and both have to sign."

Undialu said he had protested during a meeting with KPHL executives and landowners during their meet in Sydney in August after the proposal by KPHL.

“My objection was not only as landowner and MP but as Acting Governor of Hela Province at that time.

“I cannot understand why KPHL rushed to  the National Executive Council seeking for a Vender Note to raise funding from international financers?

“Why rush without seeking mandate from the Beneficiary Groups including Hela Provincial Government, the other four provincial governments and landowners?

 Lawyers representing Koroba-Lake Kopiago MP, Philip Undialu and Komo-Margarima MP, Francis Potape who was purportedly elected Governor on Sept 13 returned to court before Justice Collin Makail today.

Undialu’s lawyer Goiye Gileng told the court his client needs more time to consider his next step following Justice Makail’s comments in the National Court last Friday.  

Justice Makail on Friday, Sept 30 told Undialu to make up his mind, whether he wants to pursue fighting the Hela Governor Seat in the National Court or the Supreme Court.

This comes after the National Court last Friday adjourned the matter to this Friday, Sept 30.

Parties appeared before Justice Collin Makail last Friday, who adjourned the matter to give Undialu’s lawyers more time to serve court documents to Potape and two others.

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