BY MELVILLE TITIULU
The High Court on Wednesday, April 8, will hear the opposition coalition’s judicial review claim alongside an application filed by the Attorney General to strike out the case.
The strike-out application was filed on Thursday, April 2, but had not been served or deliberated by the parties in court.
The application to strike out was recalled by the AG after the ruling delivered on Saturday, where the court dismissed both applications for joinder and security for costs.
One of the claimant’s lawyers, Gabriel Suri, urged the Attorney General in court to withdraw the application for strike out, arguing that the issues as contained in that application had already been addressed in earlier rulings.
“We should be conscious of the court’s time and resources,” Suri told the court.
In the meantime, Claimants’ counsels Mr Taupongi, Mr Kaboke, and Mr Waleanisia are of the view that, in the interest of time, they bring those arguments at the next conference hearing on Wednesday, April 8.
Chief Justice Sir Albert Palmer directed that both matters proceed together at the preparation conference, stressing that ‘time is of the essence’.
The Chief Justice further directed that all submissions and sworn statements be filed by the close of business on Tuesday, April 7.
At the preparation conference, the Court will evaluate contested constitutional questions and issues central to the judicial review and will also decide and rule on the strike-out application as filed by the AG.
Sir Albert Palmer emphasised the importance of ensuring access to justice in cases of public importance. “The Court must be astute to ensure that access to justice is not impeded by interlocutory orders which may have the practical effect of preventing the adjudication of serious constitutional questions,” he noted in his earlier ruling dismissing the Attorney General’s bid for security of costs.
Thus, it is fair to say that any attempt on the part of the AG to strike out would be weakened as the AG loses a procedural tool to block the case, given the outcome of the ruling.
Counsel for the claimant, Mr Suri, told Island Sun outside the court on Saturday that the strike-out application was a “delay tactic” aimed at giving the minority government time to lure MPs from the majority 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, Gabriel Suri, John Taupongi, James Ronnie Kaboke and 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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