The long-waited election petition for the Nipa-Kutubu Open seat will finally proceed to trial after the National Court today dismissed three separate interlocutory applications lodged by all parties involved.
Justice Joseph Yagi, presiding at the Waigani National Court, refused all three motions in the matter EP 83 of 2022 — the election petition filed by Fiebik Simon Kilip challenging the election of Dr Billy Joseph and the Electoral Commission.
Kilip had sought a summary determination of his petition, while Dr. Billy and the Electoral Commission each filed motions to summarily dismiss the case. However, Justice Yagi ruled that all three applications were “misconceived,” clearing the way for the substantive trial to proceed.
“The court has refused all interlocutory applications and the matter will now return to its proper course for trial,” Justice Yagi said.
Following the ruling, Dr. Billy’s lawyer, Paul Mawa, informed the court of their intention to file an Objection to Competency and requested that a date be set for its hearing. Justice Yagi directed all parties to return to court this Friday, November 7, to deal with preliminary matters.
Outside the courtroom, Dr. Billy welcomed the court’s decision and urged his supporters to remain calm and allow justice to take its course.
“Court is the only avenue to seek justice, so we must respect and allow the process rather than taking matters into our own hands and causing disharmony among our people,” Dr. Billy said.
The ruling now sets the stage for a full hearing into the disputed 2022 Nipa-Kutubu Open election, which has been the subject of intense public interest in Southern Highlands Province.