Wednesday, September 14, 2011

Somare fights removal


SIR Michael Somare is challenging in court his removal as the member for the East Sepik provincial seat by Speaker Jeffery Nape last Tuesday, The National reports.
Lawyers for Sir Michael filed the court documents on Monday. The National Court had scheduled the hearing of the case tomorrow.
Sir Michael had named Nape as the first defendant, clerk of parliament Don Pandan as second defendant and Prime Minister Peter O'Neill as the third defendant.
Sir Michael, in a notice of motion filed in the court re­gistry, had asked the court to grant the following orders that, until the trial of this proceeding or further earlier order:
lThe speaker and the clerk of parliament be restrained by an injunction, on themselves or their servants or agents jointly and severally, from seeking to implement or otherwise give effect to the pronouncements of the speaker (last Tuesday) which disqualified Sir Michael as an MP for East Sepik provincial seat.
This is pursuant to section 104(2)(d) of the Constitution, which Sir Michael argued was null and void and of no legal effect or consequences whatsoever; and
l The speaker and the clerk of parliament themselves, or their agents and servants jointly and severally, be restrained from executing any document or procuring the doing of anything which would, or alternatively, would have the effect of, preventing Sir Michael from taking his seat in parliament as the sitting MP for East Sepik .
Sir Michael was also seeking to prevent Nape and Pandan from stopping him from attending future parliament sessions pending the court proceedings and its final outcome.
Sir Michael, represented by lawyer Posman Kua Aisi, seeks the court to declare that:
.He was granted leave of absence by the parliament for the duration of the May meeting of parliament on the ground of his then ill-health;
.He did not absent himself for three consecutive meetings of parliament; and
.He remained the East member for the East Sepik provincial seat.

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