Minape contested Rosso’s election declaration in a petition filed on August 24, 2022, in the National Court. Minape’s petition claimed errors, omissions, and legal malpractice, alleging that the Returning Officer was an acquaintance of Rosso, resulting in changes to polling locations and bribery of security officers.
Rosso and the Election Commissioner challenged the petition’s validity. The trial judge upheld their objection and dismissed the petition on May 16, 2023, citing insufficient pleading materials. Minape then sought a Supreme Court review on May 25, 2023, but his application was denied on August 24, 2023.
On September 4, 2023, Minape filed another application to review the decision, requesting the court to adopt National Court procedures to address procedural issues under Supreme Court rules. A bench comprising Justice John Kariko, Justice Thomas Anis, and Justice Dr. Vergil Narokobi dismissed this application, ruling it incompetent and an abuse of process.
Their orders included:
- Dismissal of the September 4, 2023 application for incompetence and abuse of process.
- Respondents to pay the application’s costs, subject to taxation if not agreed.
- The case referred to the Registrar for a hearing on the leave application filed on May 25, 2023.
