Attorney-General John Muria Jnr has asked the Court of Appeal to set aside last week’s High Court ruling that ordered Prime Minister Jeremiah Manele to convene Parliament within three days.
Chief Justice Sir Albert Palmer had ordered Manele to call Parliament to debate a motion of no confidence filed against him by the New Coalition last month.
Before a three-member bench comprising Howard Lawry, Gina Nott and Gibbs Salika, Muria argued that last week’s High Court orders have “no legal basis because of errors the chief justice made in his ruling”.
He said the orders were wrong because they violate internal parliamentary processes.
Muria further argued that the orders contravene the doctrine of separation of powers.
“The court has no duty to order the prime minister to convene Parliament,” the Attorney-General said.
Chief Justice Palmer had earlier ruled that Prime Minister Manele’s failure to convene Parliament was unconstitutional.
However, at today’s Court of Appeal hearing, Wilson Rano, a private lawyer representing the Speaker of Parliament, said Prime Minister Manele has at no time refused to call Parliament.
“What the prime minister has been saying all along is that he will call Parliament when government business is ready,” Rano argued.
Gabriel Suri, one of the lawyers appearing for the New Coalition, said the motion of no confidence, which has matured and is ready for debate in Parliament, is a constitutional matter—not government business.
“The prime minister cannot use ‘government business’ to stifle Parliament,” Suri told the court.
He said that while the Constitution gives the prime minister the power to convene Parliament, that “power must not be treated as a soft pillow”.
“Constitutional power cannot be treated like a soft pillow. It’s there for a purpose, to be exercised lawfully. It’s not a soft pillow so that one can just lay on,” Suri said.
He added that MPs have the right to attend Parliament, debate the motion of no confidence, and vote on it.
Suri further argued that “government business” is not a condition for convening Parliament.
Other lawyers for the New Coalition made similar submissions.
The hearing resumes at 10:30am tomorrow, when Attorney-General Muria and his colleague Rano are expected to respond to the New Coalition’s submissions.
The Court of Appeal is expected to deliver its ruling by the end of this week or early next week.
[ENDS]
