BY MELVILLE TITIULU
The High Court on Saturday dismissed an application by the Attorney General seeking security for costs in the ongoing Judicial Review case filed by the opposition coalition.
This comes after the Attorney General John Muria Jnr had asked the Court on Thursday, April 2, to order $30,000 in security for costs, contending that the claim was ‘speculative, misconceived, non-justiciable, and procedurally defective’.
He further submitted that failure to comply should result in the judicial review being struck out.
However, Chief Justice Sir Albert Palmer ruled that the ‘balance of justice’ favoured allowing the case to proceed on its merits.
“The defendants’ invitation to characterise the claim as fundamentally defective is, in substance, an invitation to determine the merits in advance of a proper hearing. That invitation must be declined,” he said in his ruling.
He maintained that the judicial review raised genuine legal issues of constitutional importance, not political disputes.
The Chief Justice also emphasised in his ruling that the proceedings were bona fide and raised issues of “clear public and constitutional importance.”
He further noted that imposing security for costs risked stifling the case, and that the evidential basis for the application was insufficient.
Consequently, the Court dismissed the application and awarded costs in favour of the opposition coalition.
The claimants include Opposition Leader Matthew Wale, PFP Wing Leader Fredrick Kologeto, Independent Members Leader Manasseh Maelanga, and six political parties forming the new majority coalition of 28 MPs.
The claimants were represented by counsels, Mr Suri, Mr Taupongi, Mr James Ronnie Kaboke and Mr Francis Waleanisia.
Respondents are the Governor-General, the Prime Minister, the Speaker of Parliament, and the Attorney General. The Attorney General John Muria Jnr with his legal team represented the respondents.
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