3 Sep 2022

Vanuatu court will rule on urgent constitutional application this week

10:53 am on 3 September 2022

The Vanuatu Supreme Court will deliver its verdict on an urgent constitutional application querying the decision of Prime Minister, Bob Loughman, to dissolve parliament, on September 9.

The application was brought by 27 former opposition MPs, who had filed a motion of no confidence in Loughman before he dissolved Vanuatu's parliament.

Vanuatu PM, Bob Loughman

Vanuatu PM, Bob Loughman Photo: Vanuatu Govt

Chief Justice Vincent Lunabek announced after four hours of submission from lawyers for both sides on Friday.

The MPs' lawyer Edward Nalial was attempting to convince the court the decision of the council of ministers to advise the president to dissolve the parliament was unlawful.

Edward Nalial, the lawyer for the 27 signatories of the constitutional challenge against the dissolution of Vanuatu's parliament ahead of a scheduled motion of no confidence against the prime minister in parliament. August 2022

Photo: RNZ Pacific/ Hilaire Bule

Lunabek told him he needed to show that this advice was unlawful.

Nalial told the court the 27 MPs deposited a motion of no confidence and another calling for an extraordinary session to debate it on August 8.

He said that the motion was declared in order by the Speaker on August 9.

Nalial told the court that four days later, Loughman asked the Speaker to declare the motion was not in order.

He said when the Speaker didn't respond to Loughman, the Council of Ministers advised the president to dissolve parliament.

This dissolution came less than a day before parliament was due to meet to debate the no-confidence motion.

The solicitor general, Frederick Giru, representing the State, called on the court to dismiss the constitutional application because the complainants failed to prove the advice given by the council of ministers to the president was unlawful.

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