by Ofani Eremae
Attorney-General John Muria Jnr’s legal challenge suffered a crushing defeat today after the Court of Appeal threw out all 39 grounds of his appeal and ordered Prime Minister Jeremiah Manele to convene Parliament within days.
“I am disappointed,” Muria told reporters after the ruling was delivered before a packed courtroom.
“But the court has spoken,” he added.
Muria however, warned the Court of Appeal ruling has “cemented instability”.
“Anytime someone files a motion of no confidence, that’s when a prime minister will have to call Parliament,” he said.
“In Melanesian politics, it’s something that will create further instability. It’s like stepping back in time again.
“We’ve already moved forward, but again the court has spoken.”
The Court of Appeal not only dismissed Muria’s appeal but also ordered Prime Minister Manele to convene Parliament on or before May 7, Thursday next week.
Muria said he would first assess the judgment before advising the prime minister on the next steps.
He said he had noted a number of inconsistencies in the ruling.
“Although the Court of Appeal says the Chief Justice should not have set a date, it went on to set a date,” Muria said.
Lawyer for the New Coalition, Gabriel Suri, said the decision was a huge relief.
“This is a complex constitutional case and we appreciate the decision of the Court of Appeal,” Suri said.
He added that since the court had given the prime minister seven days to convene Parliament, he expected him to comply with the order.
Key Rulings:
- The court dismissed the primary appeal but set aside specific parts of the earlier High Court ruling. It clarified that it cannot:
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Compel the Governor-General to act outside Section 31 of the Constitution.
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Direct the Speaker on how to conduct or prioritise parliamentary business.
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Prescribe a fixed timetable that conflicts with constitutional or procedural frameworks.
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The court declared that failing to convene Parliament is inconsistent with the Constitution and statutory requirements when:
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A motion of no confidence has been validly lodged under Section 34(2) of the Constitution.
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The required notice period has expired.
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Statutory obligations requiring parliamentary action have matured.
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While the Constitution does not require Parliament to be sitting at all times, the court ruled it must not be rendered ineffective. Mechanisms for testing parliamentary confidence and ensuring statutory scrutiny must remain functional. The court found these conditions were triggered in this case.
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The Prime Minister is ordered to take all lawful steps to convene the National Parliament:
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Action deadline: No later than 12:00 noon, Tuesday 5 May 2026.
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Sitting deadline: Parliament must sit on or before Thursday 7 May 2026.
[ENDS]
