ABG appeals grants case

The Autonomous Bougainville Government has escalated its fight over K125 million in national grants to the Supreme Court, after failing to convince the National Court last week that it is the only lawful recipient of the funds.

A total of K125 million in National Government grants, have been parked in the Bougainville Infrastructure Projects Trust Account, under the care of the Regional Member, and the ABG had gone to court in April, taking out stop orders against any transaction on the account, arguing that it is the only legal recipient of such grants under the law and no other parties.

Last week, Justice Collin Makail, sitting in the National Court in Waigani dismissed the case and lifted the restraining orders over the monies.

The ruling established that while there are two separate funding grants for Bougainville, the first being the Prime Minister’s K100 million commitment, and the second, the Restoration Development Grant, the ABG has not proven it is entitled to the K125 million in the Bougainville Infrastructure Projects Account.

The ABG is upset with this decision, saying the court did not address its three main arguments.

The first is that two Joint Supervisory Body Meetings in 2019 and 2024 have directed that the Prime Minister’s Commitment be discontinued as a separate grant and be treated as part of Bougainville’s Restoration Development Grant.

The ABG also says the court did not address the argument on who is lawfully entitled to receive and spend these funds once the National Parliament approves it under the Constitution and the Organic Law on Peace Building in Bougainville, and further, whether the Bougainville Infrastructure Projects Account was lawfully created and operated outside the ABG’s normal grant and budget system.

The ABG further argues that the court did not give reasons on several issues that were fully raised in its submissions.

Lawyers for the ABG returned to court yesterday, this time to the Supreme Court, appealing the ruling of the National Court.

Justice Derek Harthsorn, sitting as a single judge, granted a stay on the National Court orders and issued urgent restraining orders over the Bougainville Infrastructure Projects Account while the case is before the high court.

The matter will return to the Supreme Court next week for both parties to argue their case.