BY ROMINAH FAKA
The High Court has dismissed the election petition case against Member of Parliament for North-West-Guadalcanal Francis Belande Sade.
This ruling yesterday was based on the petitioner’s failure to comply with the mandatory requirements of the Electoral Rules 6 (1) (e) of the Electoral Act Petition Rules 2019.
The trial for this matter was supposed to commence yesterday afternoon at the High Court on the Amended Election Petition filed on August 13, 2024 by the petitioner and his lawyer.
However, Justice Howard Lawry ruled by striking out the petition because the petitioner and his lawyer failed to comply with the mandatory requirements of the Rule 6(1) (e) of Electoral Act Petition Rules 2019.
Rule 6 (1) of the Electoral Act Petition Rules 2019 gives a convenient outline of what ought to be included in the election petition. Accordingly, it states:
“6. (1) An election petition shall
(a) state the right of the petitioner to petition;
(b) state the holding and result of the election;
(c) briefly state the facts and grounds relied on to sustain the orders sought;
(d) include a statement of: the address within the jurisdiction for service of the petitioner; and, the contact details of the petitioner, or of his advocate or agent;
(e) clearly identify the respondent or respondents to the petition together with their usual or last known address.
On the 19th of September 2024 respondent Hon. Sade and his lawyer filed an application to strike out the petition filed by the petitioner Mr. Dettke on the basis that the application is frivolous, vexatious, scandalous and an embarrassment and lack the likelihood of meeting the threshold of proof required in election petitions.
On 8th of October 2024 court ruled by refusing the respondent Hon. Sade applications to strike out the petition and orders for the matter to proceed to trial on the grounds of bribery and interfering with the voters.
On the 11th of February 2025, Respondent Hon. Sade and his lawyer again filed a fresh Application to strike out the amended election petition filed on the 13th of August 2024 by petitioner.
The application was heard on the 13th of February 2025 and yesterday Justice Lawry strike out the petition on basis, the petitioner and his lawyer fail to comply with mandatory rule 6(1) (e) of Electoral Act Petition Rules 2019.
Walter Rotumana from Rano and Company represent Hon. Francis Belande Sade and Attorney General Chamber represent the second and third respondent and Gabriel Suri represent petitioner Bodo Heinz Horst Dettke.
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