Thursday, September 01, 2011

ESP court challenge a priority, say judges


THE East Sepik provincial executive council's Supreme Court Reference challenging the constitutional validity of the formation of the O'Neill led government will take precedence over all other court proceedings dealing with issues of similar nature in the National and Supreme courts, The National reports.
This was one of two immediate decisions handed down yesterday by the Supreme Court bench of five senior judges at the Waigani Supreme Court.
The decision was made following intensive discussions relating to another court matter afoot in the Supreme Court in the form of a summons.
That matter relates to similar issues in another Supreme Court proceeding raised by former acting judge Nemo Yalo and which is at the directional hearing stages.
It relates to the constitutionality of the appointment of Sir Arnold Amet as attorney-general in the previous government.
Yalo is questioning the constitutionality in the processes used in the appointment and subsequent swearing into office of Sir Arnold.
Justice Bernard Sakora asked the lawyers present at the ESP executive council reference for their thoughts on the issue.
He said he was of the opinion that the issues of pre-Aug 2, had to be dealt with before the current proceedings.
John Gawi, for the se­venth intervener, the National Alliance Inc, said Sir Arnold was no longer the attorney-general neither was Sam Abal the acting prime minister

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