Supreme Court settle filing issue

The Supreme Court has settled a major legal issue that has led to the dismissal of countless election petitions that were brought to court after the 2022 National elections.

The decision by a full bench has finally determined the issue of filing an election petition.

It states that a petition is considered “filed” once it is lodged in the registry and not when it is sealed and numbered by the Court.

The issue on filing was clarified on the supreme courts decision on abreview application filed by Danny Katie challenging the election of Miki Kaeok as member for Wapenamanda Open in the 2022 general election.

The five-judge bench overturned the National Court’s decision that dismissed the Wapenamanda Open election petition and reinstated the case for trial.

Plus the full bench clarified what it means to “file” an election petition under the Organic Law.

Katie's case is among the many Petitions that were dismissed on technical grounds of 'filing" and not on the substative matter.

Danny Katie’s petition EP 39 of 2022 was dismissed on 13 December 2024 after the court held the petition was filed late, because it was only sealed and given an election petition number 42nd day after the result was declared.

The Supreme Court in its katie's review found that he had already lodged the petition to the court registry on the 9th of September 2022, the 39th day before rhe 40 days time frame expired.

In its decision, the bench held that “filed” means lodged in the registry, whether physically or electronically and the sealing of the document and assigning an EP number are administrative steps for the Registrar and not the petitioner.

The Court found that it would be unfair to rule a petition incompetent because of those later steps, which the petitioner cannot control and which often happen after the 40-day deadline.

As a result, the Supreme Court granted Katie’s review application, quashed the National Court’s orders of 13 December 2024, and reinstated EP 39 of 2022 for trial on its merits.

The ruling has finally clarifies s208(e) of the Organic Law on National and Local-level Government Elections and is expected to change how all future election petitions are handled nationwide.