By Georgina Maka’a  

Solomon Islands Chief Justice Sir Albert Palmer this morning threw out a case challenging the Government’s controversial move to defer the national elections from May this year to early 2024.  

Leader of the Independent Group in Parliament, Dean Kuku, lodged the case in the High Court in July this year, arguing Government’s move, using its numeral strength in parliament to change the constitution and delayed the elections, was unconstitutional.  

Kuku had asked the High Court to declare that the current parliament is dissolved on 23 May 2023 in accordance with Section 73 (3) of the Constitution.  

He named the Speaker of Parliament, Prime Minister Manasseh Sogavare and the Governor General as defendants in the case.

However, lawyers for the defendants quickly reigned in on the case, and last week made submissions to Chief Justice Palmer to have the case strike-out. 

They argued Kuku’s case lacked merit, academic in nature and an abuse of the court process. 

This morning inside a packed High Court room, Palmer totally agreed. 

He said Kuku and his lawyer Billy Titiulu offered no reasonable cause of action in their submissions. 

Palmer stated the case lacks merit and an abuse of the court process. 

Consequently, he struck it out – bringing an end to this highly anticipated legal proceeding. 

In his ruling, Chief Justice Palmer said if Kuku is serious about the parliamentary process that led to the delay of the elections, he should have raised his objection on the floor of parliament. 

“But instead of raising an objection there and then and giving the opportunity to the appropriate forum being Parliament presided over by the Speaker to resolve that, he participated and then has now come to this court for redress.  

“While the question of interpretation lies with this court, questions of process and procedure lie within Parliament to amend if it deems appropriate.  

“The question of the number of readings and votes to be taken fall squarely with the rule making power of Parliament to have the relevant Standing Orders put in place to give effect to the constitutional requirements imposed upon it and not in this court.  

“And so, even if there is to be any relief given the most this court can do would be to refer the matter back to Parliament to resolve the issue.  

“For those reasons as well, I am not satisfied a sufficient case has been made out that would require the intervention of this court.” 

Outside the court, Kuku’s lawyer Titiulu told In-depth Solomons they’ve accepted the ruling. 

 He said it’s good that the chief justice clarified and provided answers to the questions they raised in their submission. 

However, Titiulu does not rule out appealing the decision. 

“I will need to sit with Kuku and go through the ruling, then decide what the next step would be – to appeal or leave it at where it is now.” 

Earlier, Kuku said the whole intention of his court challenge is to question whether Parliament did the right thing in passing the law. 

“The primary aim of his court challenge is to safeguard the Constitution and to ensure it is accorded the highest level of respect,” he said. 

Prime Minister Manasseh Sogavare said his government decided to delay the election due to the Pacific Games, which will be held in November this year.  

The decision was widely criticised. 

Elections in Solomon Islands are held every four years in accordance with the Constitution.