BY ROMINAH FAKA
The High Court has struck out the election petition case against the Member of Parliament for Central Kwara’ae Constituency Ricky Fuo’o.
The ruling was delivered on Thursday this week by Chief Justice Sir Albert Palmer.
Court direct that the certificate of this court orders for dismissal of the petition confirming that the, applicant/first respondent Fuo’o is the duly elected Member of Parliament for the Central Kwara’ae Constituency, be issued to the Electoral Commission, His Excellency the Governor-General of Solomon Islands, and the Speaker of Parliament.
In delivering the ruling, court finds that the petitioner failed to effect proper service on the first respondent Fuo’o in accordance with the petition rules.
Thus, this defect is fatal and cannot be cured by amendment Rule 49, which addresses procedural informality, does not apply to fundamental defects.
Therefore, the petition is dismissed with costs to the Applicant and the Second and Third Respondents.
There were two grounds which the petitioner Jackson Fiulaua and his lawyer filed against the respondent Fuo’o, first illegal and corrupt practice which includes illegal employment and hiring and the second ground are fraudulent voting or the conduct of electoral officer is fraudulent.
The respondent and his lawyer in respond they filed an application to strike out the petition on the basis that, the service of the petition which filed by the petitioner was not effective as it was carried out by another person and not the petitioner.
There is no section 126 (6) in the Electoral Amendment Act 2023 as such there is no legal basis for the petition.
The road works were not made for the election purposes and lastly, the sown statement filed by the clients shows that the voters also voted for other candidates.
Counsel Schottler Kubensky Kwaiga for the First Respondent Ricky Fuo’o and Mr. Howard Lapo for the second and third respondent the Attorney General Returning Officer and fourth respondent Presiding Officer and Lloyd Fitzreggie for the petitioner Jackson Fiulaua.
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