Opaka v Maneniaru [2020] SBHC 73; HCSI-CC 276 of 2019 (26 May 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Opaka v Maneniaru
Citation:
Date of decision:	26 May 2020
Parties:	Bernard Opaka and Charles karaori v John Maneniaru, Returning Officer for west Are’are Constituency
Date of hearing:	27 and 28 February 2020
Court file number(s):	276 of 2019
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Mwanesalua; DCJ
On appeal from:
Order:	1. Dismiss the Election Petition filed on the 6th of May 2019 2. The First Respondent is to have his costs, to be taxed if not agreed. 3. Direct that a certificate be issued to the Governor-General, Speaker of the National Parliament and the Electoral Commission, confirming the validity of the election of Hon. Mr. John Maneniaru as the duly elected candidate for the West Are’Are Constituency.
Representation:
Catchwords:
Words and phrases:
Legislation cited:	Electoral Act 2018, s126 and 172
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 276 of 20219

BETWEEN

BERNARD OPAKA AND CHARLES
Petitioner

AND:

JOHN MANENIARU
First Respondent

AND:

RETURNING OFFICER FOR WEST ARE’ARE CONSTITUENCY
Second Respondent

Date of Hearing: 27 and 28 February 2020
Date of Judgment: 26 May 2020

Mr. D. Lidimani. For the Petitioner
Mr. J Apaniai for the Respondent

JUDGMENT

The General Election was held on 3^rd of April 2019. This case was filed in this court on 17^th May 2019.

During the election John Maneniaru received 3,223 votes and the second date Peter Chaniel Ramo receive 2,518 votes.

By agreement of parties in this case, only ground 3 is to be decide by this court. Other grounds have been withdrawn by consent of the parties in the case.

Ground 3

Prior to and throughout the course of polling day, banana boats provided by the 1^st Respondent through RCDF funding were used to transport his supporters to polling stations throughout the constituency for purpose of voting for him. All such boats were painted with and bear the colours of the First Respondent. Voters seeing the boats on polling day instantly connect the boats to the 1^st Respondent. As such, the boats were used throughout polling day with the intension of influencing voters to vote for the 1^st Respondent.

The Petitioners further says that before, during and after the election the 1^st Respondent was by himself and his Campaign Managers or agents guilty of corrupt practices of aiding, abetting, counselling or procuring the commission of the offences of bribery or treating or undue influence contrary to section 126 and 127 of the Electoral Act 2018.

The court considers evidence in this case and consider that there is no evidence against 1^st Respondent.

ORDERS OF THE COURT:

1. Dismiss the Election Petition filed on the 16^th of May, 2019.
2. The First Respondent is to have his costs, to be taxed if not agreed.
3. Direct that a certificate be issued to the Governor-General, Speaker of the National Parliament and the Electoral Commission, confirming the validity of the election of Hon. Mr. John Maneniaru as the duly elected candidate for the West Are’Are Constituency.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice
High Court of Solomon Islands