by Ofani Eremae
A local law expert says the Suidani court ruling serves as a reminder that “those who exercise governmental power must do so responsibly and justly”.
Dr Joseph Foukona, a Solomon Islander currently teaching at the University of Hawaii in the United States, was responding to the High Court ruling Justice Maelyn Bird delivered on Thursday.
Justice Bird ruled that the removal of former Malaita premier Daniel Suidani from his provincial seat in February 2023 was unlawful.
Bird said Rollen Seleso, then minister for Provincial Government and Institutional Strengthening, acted beyond his powers when he disqualified Suidani as Ward 5 member in the Malaita Provincial Assembly.
“The court ruling serves as a reminder that those who exercise governmental power must do so responsibly and justly,” Foukona said in a column he wrote for In-depth Solomons.
“The ruling also sets a precedent for government Ministers, and even others in positions of authority, to remember to fulfil their responsibilities within the limits of their authority,” he added.
“Their approach to issues should not be based on political factors but on sound judgment and sensible legal advice to ensure their decisions do not risk being declared ‘ultra vires’.”
Suidani became premier after the 2019 provincial elections in Malaita – the same year former prime minister Manasseh Sogavare controversially switched the country’s diplomatic ties from the democratically-governed Taiwan to China.
He refused to accept the switch and his MARA government banned China or any of its associates from entering Malaita and doing business there.
His anti-China stance resulted in a stand-off with the Sogavare government, who accused Suidani of defying the sovereign decision of the national government to recognise the one China policy.
They also accused him of colluding with Taiwan.
Eventually, Seleso, in what Foukona described as a show of ministerial authority, instructed the Speaker of the Malaita Provincial Assembly, Ronnie Butala, to officially declare Suidani’s seat vacant in the Malaita Provincial Assembly.
Left with no other option, Suidani took the matter to the High Court, suing the Speaker (first respondent) and the Minister (second respondent).
His lawyer, Gabriel Suri, argued that the Speaker and the Minister acted beyond their legal authority in disqualifying Suidani under section 15(1)(a) of the Provincial Government Act 1997. Suri pointed out that this provision of the law was repealed by the Citizenship Act 2018 (No. 17 of 2018).
Brenton Pitry from the Attorney General’s Office, representing the Malaita Provincial Speaker and Seleso, presented a defensive argument.
He contended that the orders and relief sought by Suidani were insignificant because a new Malaita Provincial Assembly was established after the 2024 provincial elections.
He asserted that the Minister’s authority to disqualify Suidani originated from section 40 of the Constitution, claiming that Suidani effectively disqualified himself under section 49(1)(a) of the Constitution.
But the High Court noted that these constitutional provisions apply to “pre-election aspects of an election process.”
During the court proceedings, it became clear that the power to disqualify either a member of parliament or a provincial assembly member was vested in a Returning Officer.
It was also evident that Seleso relied on a provision of the law that the Citizenship Act 2018 had already repealed, rendering it non-existent.
Justice Bird observed that this was the legal flaw of the charge against Suidani, and the counsel for the Speaker and Seleso did not provide much assistance on this point.
Ultimately, the High Court ruled that Seleso acted “Ultra Vires (beyond his legal authority), it declared Suidani’s disqualification invalid and without legal effect.
Consequently, he is entitled to all wages, allowances, and other benefits receivable by members of the previous Provincial Assembly.
Suidani reclaimed his Baegu-West Fataleka Ward 5 seat in last year’s provincial elections by an overwhelming majority – polling 1330 votes. His runner-up, Ramo Emeriko, polled 599