Nipa-Kutubu election petition goes to trial

The Nipa Kutubu election petition case is set to progress to trial following a ruling by the National Court last Friday.

Justice Joseph Yagi made the ruling despite arguments from the respondents that it was defective.

Lawyers for the respondents, Dr. Billy Joseph and the PNG Electoral Commission argued that the petition lacked detail, was confusing, and it was also filed late without the required security deposit.

However, the court dismissed preliminary objections and emphasized that election petitions should not be thrown out on minor technicalities.

Justice Yagi highlighted that under the law, courts must focus on the substantial merits and fairness of the case and not just technical errors.

The court found that while the petition had some weaknesses, they were not serious enough to stop the case from going to trial.

Petitioner Fiebik Kilip expressed relief and satisfaction with the ruling, noting that the matter has taken almost four years to reach this stage.

He welcomed the court's decision as an important step towards having the allegations of electoral irregularities properly had.

"Finally, we have received the decision that the matter for Nipa-Kutubu goes to trial and it is a relieving news for the people of Nipa-Kutubu, including my voters, supporters and followers back in the districts.

"We have been waiting patiently for almost four years, wanting to hear the outcome of this election petition, and we are thankful to the courts who have handed down this decision." Kilip said.

Meanwhile, this ruling reinforces that election petitions should not be dismissed on minor technical grounds.

Instead, the court is ensuring that allegations of illegal practices and errors in elections are properly tested at trial. The matter will return to court on the 23rd of February for further directions of hearing