THE election petition filed against Member of Parliament (MP) for Central Kwara’ae Ricky Fuo’o by his predecessor Jackson Fiulaua has been dismissed after a successful strikeout application by the new MP.
Chief Justice Sir Albert Palmer dismissed the petition, citing that the petitioner, the immediate former MP for the constituency Mr Fiulaua, failed to effect proper service on his successor in accordance with the Petition Rules.
“This defect is fatal and cannot be cured by amendment,” Sir Albert said in his ruling on Wednesday.
“Rule 49, which addresses procedural informality, does not apply to fundamental defects.
“Accordingly, the Petition is dismissed with costs to the Applicant and the Second and Third Respondents,” Sir Albert added.
Sir Albert thereby directed that a Certificate of the Court’s Order for the dismissal of the petition be issued to Electoral Commission, the Governor General and the Speaker of Parliament to confirm that Fuo’o is the duly elected MP for the Central Kwara’ae Constituency.
MP Fuo’s lawyer Schottler Kwaiga based his arguments for the strikeout on the following four grounds:
1. The service of the Petition filed by Fiulaua was not effective as it was carried out by another person and not the petitioner;
2. There is no section 126 (6) in the Electoral Amendment Act 2023, which therefore makes the petition legally baseless;
3. That the road works funded by MP Fuo’o prior to becoming an MP were not made for election purposes; and
4. That sworn statements showed that constituency’s voters also voted for other candidates.
Fiulaua’s lawyers Floyd FitzReggie and McChesney Ale of Rano & Company argued that the four grounds for strike out were trivial and could be cured by an amendment.
Mr FitzReggie said the issue of service was not a valid ground for strikeout and that the other issues raised did not fall within the laws for a strike out.
However, the court ultimately ruled in favour of Fuo’o, upholding his application to strike out the petition.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
