BY ROMINAH FAKA
The High Court has struck out the election petition case against Member of Parliament for Baegu/Asifola Makario Tagini.
This is because the petitioner did not comply with the mandatory requirements of the Electoral Rules 6(1) (e) of Electoral Act Petition Rules 2019, according to the High Court.
On Wednesday this week before trial commenced, both parties had to address a preliminary issue, which court had made directions on in the last hearing.
On December 19, 2024 respondent Tagini and his lawyer filed an application to strike out the amended petition to which the petitioner’s lawyer did not oppose.
In addressing the preliminary issue court will determine if it’s in favour of the petitioner, the trial will commence however, if it was in favour of the respondent then court would strike out the petition.
So, the preliminary issue was addressed in favour of Tagini.
Justice Howard Lawry ruled by striking out the petition because the petitioner failed to comply with the mandatory requirements of the Rule 6(1) (e) of Electoral Act Petition Rules 2019 which states; 6 (1) an election petition shall (e) clearly identify the respondent or respondents to the petition together with their usual or last known address.
The petitioner Celsus Talifilu initially filed 13 grounds of election bribery against Tagini however, on August 13, 2024 the petitioner amended their initial petition eliminating three grounds of their allegations.
Tagini and his lawyer after receiving the petition allegations made an application to strike out the petition.
Court ruled the strike out application by dismissing only three grounds of the election bribery allegations against Tagini however, refused seven grounds and ordered for those seven grounds to proceed to trial.
Lily Ramo from JustLaw firm act for Petitioner Celsus Talifilu and Lloyd Fitz Reggie from Rano and Company represented Makario Tagini.
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