Ousted Hela Governor, Anderson Agiru, today sought orders at the National Court in Waigani, to stop his removal a fortnight ago. Agiru's lawyer Goiye Gileng, argued that his removal and the subsequent appointment of the Komo-Magarima MP Francis Potape as governor on December 29, 2015 by the Provincial Assembly is illegal under the Organic Law. Agiru argued that he, and the majority of Hela people, who have mandated him through the polls, will suffer serious damage or prejudice if the decision of the assembly is allowed to remain. Agiru says his application for an injunction is also to preserve the status quo to allow serious legal issues raised in the case to be fully determined by the court. However, Hela Provincial Assembly elected governor Francis Potate, says his election is lawful and done according to the Organic Law on Provincial and Local Level Governments and the Assembly's Standing Orders. Potape's lawyer, Philip Ame, said what transpired was based on evidence, adding Agiru has lost control and focus on the province and thus requires new leadership. But Agiru's lawyer, Goiye Gileng submitted that a prima facie case has not been established against his client to warrant such move by Potape and the Assembly members. Mr Agiru is also questioning the validity of the meetings by the Provincial Assembly which led to his removal as governor.Presiding judge, Justice Derek Hartshorn, has reserved a decision on the case.
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