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High Court rules nomination period before PM election violated mandatory four-day constitutional requirement, but PM remains
On July 6, 2024, the High Court ruled in favor of Opposition Leader Mathew Wale in his challenge regarding the nomination period before the Prime Minister election. Wale argued that the nomination period did not meet the constitutional requirement of four days between nominations and the election.
Wale filed a lawsuit (Civil Case 160 of 2024) against the Governor-General, the Prime Minister, and the Attorney General, claiming that the nomination period, which lasted from April 29-30, 2024, was too short. He said this violated the Constitution, which requires a four-day nomination period before the election on May 2, 2024.
Chief Justice Sir Albert Palmer agreed with Wale, affirming that the nomination period must last four clear days, as required by the Constitution. The Defense Counsel had argued that the Governor-General had discretion to shorten the period, but the Chief Justice ruled that the four-day period is mandatory and cannot be waived.
However, despite acknowledging the error in the nomination period, the Court did not accept Wale’s argument that the Prime Minister’s election was invalid as a result. Sir Palmer explained that the Constitution grants the Governor-General final authority over any election disputes, and decisions made by the Governor-General are not subject to court challenges.
Although the Court recognized the error in the nomination period, this mistake did not invalidate the Prime Minister’s election. The Chief Justice clarified that the error did not affect Wale’s ability to be nominated or his rights as a candidate. Furthermore, there was no evidence to suggest that Wale had enough support to change the election outcome.
The Court dismissed Wale’s additional claims for further declarations and relief, ruling that his claims were not valid. The Court also ordered both parties to negotiate the legal costs of the case. If they cannot reach an agreement, the Court will determine the costs.
