Victory Secured! Sir John Pundari Walks Free as Court Dismisses Election Case

An election petition challenging the victory of Kompiam-Ambum MP Sir John Pundari has been dismissed by the National Court. The decision, handed down by Judge Oagile Dingake, cited issues of incompetency and non-compliance with sections 209 and 210 of the Organic Law. The petition was found to have violated key provisions, leading to its dismissal.

Sir John Pundari, represented by lawyer Paul Othas, filed an amended notice of objection on April 4, outlining six grounds of objection. Othas argued that the petition did not comply with Section 209 of the Organic Law, claiming it was incompetent and should be dismissed. The Electoral Commission, represented by Ray William, also supported the objection, stating that the petition failed to meet the requirements of Section 209.

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The petitioner, Peter Yakos, through his lawyer Solomon Wanis, argued that the court should take a liberal interpretation of Section 209 and conclude that the security payment complied with the provisions. However, Judge Dingake ruled that the security deposit was made prior to the filing of the petition, which violated the mandatory provisions of Section 209, making the petition incompetent and subject to dismissal.

Referencing previous Supreme Court cases, Judge Dingake stated that strict compliance with Section 209 is required. As a result, he upheld the objection to competency and dismissed the petition entirely. Yakos was ordered to pay the K5,000 security for costs, which would be split equally between Sir John Pundari and the Electoral Commission, along with other court costs.

In a related matter, another petition by Samson Phanaphen, challenging the same election result, was also dismissed for non-compliance with Section 209. Judge Dingake reiterated that failure to pay the security deposit on the same day as the petition rendered it incompetent. Phanaphen was similarly ordered to pay costs to Pundari and the Electoral Commission.

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