Home | Databases | WorldLII | Search | Feedback Supreme Court of Nauru

  Download original PDF

Gideon v Electoral Commission Nauru - Ruling [2016] NRSC 39; Civil Suit 45 of 2016 (9 July 2016)

IN THE SUPREME COURT OF NAURU

MISCELLANEOUS CAUSE No. 45 OF 2016

BETWEEN: TAZIO GIDEON Applicant

AND ELECTORAL COMMISSION NAURU 1^stRespondent

Secretary for Justice 2^nd Respondent


Before: Madraiwiwi CJ

For the Applicant:

For the 1^stRespondent:
For the 2^nd Respondent: G. E. Leung
J. Udit

Date of Hearing: 9 July 2016
Date of Decision: 9 July 2016

RULING

1. This is an ex parte application made by the Secretary for Justice (the “Secretary”) seeking to be joined as a party in Civil Suit No 45 of 2016 and further to dissolve the interim injunction granted on 8 July to stay elections in the Constituency of Aiwo.
   
2. The Applicant relies on an ex parte motion seeing the said relief supported by an affidavit of Hon Baron Waqa in his capacity as Minister responsible for the administration of the Electoral Act 2016.
   
3. Under the Republic Proceedings Act, the Secretary is the named party on behalf of the Republic of Nauru and the right of the Secretary to be joined in these proceedings as envisaged in the aforementioned Act as well as the Electoral Act is expressly stated.
   
4. A decision to dissolve interim relief in these circumstances is not taken lightly. However, having heard submissions from the Secretary the Court is persuaded that the balance of convenience favours the immediate dissolution of the injunction and the expeditious conduct of elections in the Constituency of Aiwo.
   
5. Critical to this outcome is the consideration that the Applicant Tazio Gideon will still have an opportunity to litigate his right to be a candidate and participate in an election as the remedies available under section 100 of the Electoral Act are open to him. It is for the Applicant to prove his claim that the Electoral Commission acted beyond or in excess or want of jurisdiction.
   
6. Howsoever, that ought not to deprive the right of the voters of Aiwo to exercise their prerogative of choice when the entire country is doing so. The Court is also cognisant of the challenges to stability in the context of the body politic associated with elections that have occurred in the recent past In balancing those factors against Mr Gideon’s claim, which may or may not succeed, theentitlement of the electors of the Constituency of Aiwo must outweigh the vagaries of the latter’s situation.
   
7. The interim injunction is accordingly dissolved immediately and the Electoral Commission is directed to expedite the conduct of polling in the Constituency of Aiwo forthwith. Liberty is reserved to Mr Gideon to proceed under the Electoral Act ifhe so chooses. Costs are in the cause.
   

DATED this9^thday of July 2016.

Joni Madraiwiwi
CHIEF JUSTICE