Buramen v Stephen; Detenamo v Bernicke [2008] NRSC 14; Civil Case No 2 & 3 of 2008 (15 December 2008)

IN THE SUPREME COURT OF NAURU

CIVIL CASE NO. 2/2008

Between:

CYRIL BURAMEN
Petitioner

And:

MARCUS STEPHEN

LANDON DEIRERAGEA

THE CHIEF SECRETARY
Respondents

Pres Nimes for the Petitioner
David Aingimea for the Respondents

Date of Hearing -15th December 2008

CIVIL CASENO. 3/2008

AND IN THE MATTER of an Election Petition under the Election Act 1965-2007

BETWEEN:

VINSON DETENAMO
Petitioner

AND:

SHADLOG BERNICKE

ROLAND KUN

THE CHIEF SECRETARY
Respondents

Pres Nimes for the Petitioner
David Aingimea for the Respondents

Date of Hearing-15th December 2008

DECISION

These are two petitions in nearly identical form to overturn the general election held on 6 April, 2008 and in particular elections in the electorates of Ewa, Anetan and Buada. Respondents to each petition have applied to strike out the petition.

At the outset of argument I told Mr. Nimes that I would be unwilling, in absence of any specific breach of a provision of Constitution or of a statute, to upset an election held nearly eight months ago.

Mr. Nimes has made various complaints especially that an election was called and held within a week but has not been able to identify any breach of the Constitution or of a statute.

Under Part IX of the Constitution the President has wide power to declare a state of emergency and during the emergency, wide powers to act. Mr. Nimes has argued his client’s case but all his complaints come down to complaints about political matters which are not and should not be the concern of the Court.

Moreover neither petition is supported by affidavit evidence. I note the direction of the Registrar dated 14th November that Mr Nimes should file written submission and affidavit evidence by the end of November. This was not done.

The petitions are dismissed.

ROBIN MILLHOUSE
CHIEF JUSTICE