Former Dei MP and State Minister Westly Nukundj has accepted the Supreme Court’s ruling today, clearing the way for a by-election in the Dei Open Electorate, Western Highlands Province.
A five-man bench of the Supreme Court handed down its decision this morning, rejecting Nukundj’s application to overturn an earlier National Court ruling which had ordered a by-election for the seat.
The case goes back to the 2022 National Election, when Nukundj challenged the victory of the late Steven Pim, claiming errors were made during the counting process. In particular, he argued that over 2,000 votes from two ballot boxes were wrongly set aside-which was significant because the margin between the winner and runner-up was only 943 votes.
In February 2024, the National Court agreed with Nukundj’s argument and found that there were errors that affected the result. However, instead of ordering a recount-which Nukundj wanted-the court ordered a by-election.
While the decision was still pending in September 2023, Steven Pim sadly passed away. That complicated matters and the court asked all parties to make submissions on how Pim’s death should affect the case.
In response, the Electoral Commission pointed to Sections 104 and 106 of the Constitution, which clearly state that a seat becomes vacant when a member dies, and that a by-election must be held in such cases.
Nukundj took the matter to the Supreme Court, arguing through his lawyer Rhyen Tamarua from Lomai & Lomai, that the law should be interpreted in light of the unique facts of the case-especially since the MP died while the court decision was still pending. He asked the court to use its powers to ensure justice was served.
However, the Supreme Court today ruled that while it sympathised with Nukundj’s situation, the Constitution is clear: if a sitting MP dies, the seat becomes vacant and a by-election must follow. The court said justice must follow the law.
In response, Nukundj welcomed the decision and thanked the high court for settlng the matter once and for all. He also thanked his legal team, supporters, family and said he looks forward to re-contesting the Dei seat once the Electoral Commission announces the by-election.
“I respect the Supreme Court’s decision”, he said. ” I was denied a recount, but now I’m ready to return to Dei and seek the people’s mandate again.”
The supreme Court Ruling is fair and lawfull with regards to by election decision.
It’s seems that, they will be by election.
It’s good for Dei District Bye Election was declaration yesterday morning 🌄.
Yesterday Five Man Bench judges was rulling for Former Member and State Minister but he wants to further adjournment but he was agreed with the decision of the Judges for Dei LLG Bye Election 2025.
Come home Mr Wesley Nukunj and seek mandate from your people to re-enter the parliament again.
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