JUSTICE Joseph Yagi in his ruling handed down last Friday at the
Waigani court house ordered that Philip Undialu (pictured right) remain as Governor of Hela
Province pending the outcome of the Judicial recount.
Governor Undialu who was the first respondent to the case filed
against him and the Electoral Commission by petitioner Francis Potape welcome
the decision made by the courts.
After the 2017 National Election, Potape filed an election petition
in the court of dispute return seeking two relieve from the courts; one was to
have him declared as the duly elected Governor of Hela in which the court ruled
against; and the alternative relieve sought was the recount and the recount was granted by the court.
In welcoming the decision Governor Undialu urged his people not to
take the law into their own hands and to allow the rule of law to take
precedence.
“It was a difficult time; we had two and half years in court. Our
people were divided as to what the court will decide on the election petition.
My first case between Dr Hawali, I won it and we settled it out already and
this one is now up for recount and I now welcome the decision and appeal to my
people to respect that decision.
“I want to ask the supporters of Francis Potape as well to respect
the law. A lot of bad mouthing has been going on in the social media and I want
to say that we have to respect the rule of law and the independence of the
court system,” Governor Undialu said.
The Hela Governor said the order for recount is not the end of the
process and he has reserved his right to appeal the decision.
“My lawyers will guide me on what the next course of action to take.
The orders have been given to me but my lawyers will have to sit down and go
through the order and we will decide on the next course of action. As I have
said I have reserved my right to appeal the decision in court”, Undialu said.
Justice Yagi has ordered the Electoral Commission to elect an
impartial returning officer and have the counting done within 30 days and the
court will have the result 7 days after the counting is completed within the 30
days.
Justice Yagi has also ordered the Electoral commission to meet the
cost of the entire trail process because according to the court findings the
electoral commission is at fault.
Meanwhile, Mr Potape welcomed the court’s decision and appealed to
his supporters to remain calm.
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