^{By Gina Maka’a}

A TOP lawyer and academic has described moves by the Government to remove Opposition MPs who stood against the vote to delay the elections last year as “absurd”. 

Attorney General John Muria Jnr has announced that the Government has issued instructions for him to seek court orders to remove the MPs from parliament. 

But Solomon Islander Dr Joseph Foukona, an Assistant Professor at the University of Hawaii, Manoa, USA, said the government’s intention is “absurd to say the least”. 

“Based on the principles of parliamentary or legislative immunity (see Guidebook to the Privileges, Immunities, and Powers of SI Parliament), MPs cannot be prosecuted or disqualified by the courts for what they say (opinions) or how they cast their votes in Parliament,” Dr Foukona said. 

“The courts also do not have the jurisdiction to dictate what Members of Parliament say (opinions) or how they cast their votes in Parliament,” he added. 

Others described the move as an act of revenge, but one that has no chance of succeeding in a court of law. 

“I don’t think it’s a case worth pursuing,” says prominent Honiara lawyer Gabriel Suri. 

Commentator and lawyer by training, Andrew Muaki, says the grounds for disqualification of MPs are clearly stated in the Constitution.  

“Going to court to seek redress is not one of those grounds for disqualification of MPs,” Muaki, who is currently based in Queensland, Australia, said in one of his social media commentaries. 

“The right of MPs like anyone else to seek constitutional redress is a protected right,” he stated. 

“That right is protected by section 83(1) of the Constitution read with chapter 2 of the Constitution (if applicable). 

“Using the outcome of a high court case to disqualify MPs for their vote in Parliament is a denial of the people’s fair rights in parliamentary debates etc.  

“The MPs who voted against the Bill to extend the life of Parliament were exercising their parliamentary duties on behalf of their people.  

“Disqualifying the MPs means suppressing the will and the rights of those who voted these MPs into Parliament to represent them.” 

Attorney General Muria announced the Government’s instruction to pursue the case after Chief Justice Sir Albert Palmer threw out a case challenging the decision to extend life of the current parliament to December 31 this year. 

Leader of Independent Group in Parliament John Dean Kuku filed the case. 

Muria said he briefed cabinet last week on the High Court ruling. 

“After briefing the executive, I now hold instructions to seek declaratory orders in the High Court whether MPs who voted ‘No’ on September 6, 2022, were effectively on 15 May 2023, no longer Members of Parliament. 

“And whether having ceased being MPs on 15 May 2023, were no longer entitled to receive benefits accrued by the MPs thereafter from the state shall be refunded in full to the state,” he said.