High Court rules nomination period before PM election violated mandatory four-day constitutional requirement, but PM remains
The High Court ruled on July 6, 2024, in favor of a declaration sought by Leader of Opposition Mathew Wale, regarding the nomination period before the Prime Minister election. The Court found that the nomination period did not comply with the mandatory four-day period required by the Constitution (Schedule 2 1(b)).
Wale had filed Civil Case 160 of 2024 against the Governor General, the Prime Minister and the Attorney General, challenging the process that took place from April 29-30 leading to the election on May 2, 2024. Wale argued that the nomination period was too short, violating constitutional requirements.
Chief Justice Sir Albert Palmer agreed with Wale, stating that the nomination period must be four clear days between the delivery of nominations and the election meeting. The Defense Counsel argued that the Governor General had the discretion to reduce the period, but the Chief Justice ruled that the four-day period is mandatory.
However, the Court did not accept Wale’s claim that the Prime Minister was not validly elected due to this error. Sir Palmer explained that the Constitution grants the Governor General the final authority to determine any disputes related to the election process, and his decisions cannot be challenged in court.
Sir Palmer clarified that while the nomination period error was acknowledged, it did not invalidate the election or affect Wale’s rights as a nominee. This means that although the Court recognized there was an error in the nomination period, this mistake did not make the Prime Minister’s election invalid. Additionally, it did not impact Wale’s ability to be nominated or his chances in the election. In other words, the error did not affect the overall legitimacy of the election process or Wale’s rights as a candidate. The Chief Justice noted there was no evidence that Wale had enough support to change the election outcome.
Consequently, the Court dismissed Wale’s additional claims for further declarations and relief. The Court decided that Wale’s claims were not valid.
The Court ruled that both parties should negotiate and agree on the legal costs (expenses of the lawsuit). If they cannot reach an agreement, the Court will issue an order determining the costs.