An amended motion filed by the Lake-Kopiago MP, Philip Undialu, to restrain the first defendant, and Komo-Magarima MP, Francis Potape, from performing his duty as Hela Governor will be heard on September 30.
Today, the Lawyer representing the plaintiff, Undialu, sought relief for the Court to adjourn the hearing to give him more time to serve Potape, the amended notice of motion.
This motion was filed on September 19, after Potape was voted in by the Assembly as the Governor.
The motion was adjourned from Monday to today for hearing, but was adjourned again to next Friday.
Undialu’s lawyer need to find the First respondent, Potape, the second respondent and Deputy Governor, Thomas Potape, and the third respondent, the Deputy Clerk of Hela Provincial Assembly, Filbert Tuya to serve the files.Following the Court case between Undialu and Potape, the National Court issued directions on September 6, for the Hela Provincial Assembly to meet to vote a new Governor.
On September 13, the Assembly met and voted Potape as the Governor.
This did not go down well with Undialu, who filed an ex-parte order to restrain him from performing his duty in the interest of justice. Undialu’s Lawyer told Justice Collin Makail that he was unable to locate the respondent, Francis Potape.
The National Court gave Undialu a week to serve the files.