BY MELVILLE TITIULU
The Court of Appeal has concluded its hearing into the Attorney General’s appeal against the High Court ruling that ordered Parliament to convene for a Motion of No Confidence debate.
Attorney General John Muria Jr., representing the Governor General and Prime Minister, alongside Wilson Rano, counsel for the Speaker of Parliament, delivered their final submissions in response to the respondent’s arguments in court yesterday.
Appellants pressed the Court to overturn the High Court’s decision, arguing that the ruling exceeded judicial authority and interfered with parliamentary processes.
Mr Muria reiterated that the High Court “assumed jurisdiction where none existed,” stressing that Section 34 of the Constitution does not impose a duty on the executive to call Parliament within a fixed timeframe. He maintained that Parliament would be convened “at the relevant time” and that no rights had been infringed.
Lawyer for the opposition coalition argued that delays in convening Parliament render Section 34 ineffective, undermining MPs’ constitutional rights. Suggesting that the government’s delay amounted to an “unlawful and unreasonable” use of power.
Counsel Gabriel Suri likened the omission to “laying on a soft pillow comfortably without action,” urging the Court of appeal to uphold the High Court’s ruling to protect parliamentary rights.
Justice Howard Lowry indicated to both parties after the conclusion of hearing that it aims to deliver judgment by Friday, May 1.
Justice Lowry, further suggested in court that any changes to the tentative date for judgment will be duly notified to the parties in due course.
On Wednesday, April 24 (day 1 of hearing), Justice Lowry also reminded parties that the grant of stay issued last week remains intact pending the determination of the court of appeal.
The stay of orders is in relation to Chief Justice Sir Albert Palmer’s ruling delivered on Tuesday, April 14, ordering Prime Minister Jeremiah Manele to convene Parliament within three days so that the pending Motion of No confidence (MONC) can be debated.
The stay means that the High Court’s order for convening of parliament for the ‘matured motion’ to be debated is ‘temporarily paused’ while the Court of Appeal determines the substantive appeal.
The Court of Appeal judgement outcome will determine how quickly motions of no confidence can be debated.
The appeal hearing was presided by the Court of Appeal Justices—Chief Justice Sir Gibuma Gibbs Salika, Justice Howard Lowry, and Justice Gina Nott.
The appellants in the case are the Governor General, the Prime Minister, the Speaker of Parliament, and the Attorney General.
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