James Eki Mopio v Speaker of the National Parliament

• Jurisdiction: Papua New Guinea
• Judge: Frost CJ, Prentice DCJ, Williams J
• Judgment Date: 28 October 1977
• Citation: [1977] PNGLR 420
• Court: Supreme Court
• Year: 1977
• Judgement Number: SC126

Supreme Court: Frost CJ, Prentice DCJ, Williams J

Judgment Delivered: 28 October 1977

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

JAMES EKI MOPIO

V

THE SPEAKER OF THE NATIONAL PARLIAMENT

Waigani

Frost CJ Prentice DCJ Williams J

28 October 1977

PARLIAMENT — Appointment of Prime Minister — Appointment sought to be set aside — Procedure on appointment — Procedure non-justiciable — Constitution s. 115 (2) (3), s. 134, s. 142 (4)

Section 134 of the Constitution provides PROCEEDINGS NON-JUSTICIABLE. Except as is specially provided by a Constitutional Law, the question, whether procedures prescribed for the Parliament or its committees have been complied with, is non-justiciable ...

Section 142 (4) of the Constitution which provides "If a Parliament is not in session when a Prime Minister is to be appointed, the Speaker shall immediately call a meeting of Parliament, and the question of the appointment shall be the first matter for consideration, after any formal business and any nomination of a Governor-General or appointment of a Speaker, on the next sitting day," provides merely for the time for the question of the appointment of Prime Minister to be considered, and the order of business, which are matters which concern the conduct of the business of the Parliament and its procedures within s. 134 of the Constitution.

Held

Accordingly, that proceedings seeking a declaration that the appointment of the Prime Minister was null and void on the ground that s. 142 (4) of the Constitution had not been complied with, involving the question whether the procedure in s. 142 (4) of the Constitution had been complied with and also the exercise of the freedom of proceedings of Parliament and the functions and duties of the Speaker, were non-justiciable under s. 134 of the Constitution and jurisdiction ought to be refused.

Application for Prohibition and Declaration

These were applications for prohibition, declaration and determination of a question relating to the interpretation of s. 142 (4) of the Constitution, instituted by a member of the National Parliament. The principal relief sought was a declaration that the appointment of the Prime Minister was null and void and that a new election of a Prime Minister should be ordered.

The plaintiff in person.

Counsel

C. Maino-Aoae and Pokwari Kale, for the defendant.

B. W. Kidu, Acting Principal Legal Adviser to the National Executive, intervening.

28 October 1977

FROST CJ PRENTICE DCJ WILLIAMS J: These proceedings concern the appointment of Mr. Michael Somare as the Prime Minister of Papua New Guinea following the general elections earlier this year. Mr. James Eki Mopio, the plaintiff, who is a member of the National Parliament, contends that the requirements of s. 142 (4) of the Constitution were not complied with, and on that ground seeks a declaration that the appointment of the Prime Minister...