Vol. 35 No.31
       ©2007 Marianas Variety
Friday, April 27, 2007 www.mvariety.com
Serving the CNMI for 35 years
 

© 2007 Marianas Variety
Published by Younis Art Studio Inc.
All Rights Reserved
Email :
mvariety@vzpacifica.net
Court decision on Senate leadership out anytime soon

By Nazario Rodriguez Jr.
Horizon news staff

The Court is set to issue its decision on the case that stalled the leadership in the Senate following yesterday’s oral argument regarding the case filed by Senators Yukiwo Dengokl, Santy Asanuma and Surangel Whipps Sr. to nullify Sen. Joshua Koshiba from acting as Senate President.
The oral argument was held at the sala of Associate Judge Lourdes Materne.
Before that, Koshiba has filed a motion to dismiss the case on several grounds including the issue of separation of powers, speech and debate on the floor, defendants are immunized for suit and additionally the passage of the journal during last Sunday’s session called by acting Senate President Mlin Tmetuchl.
Dengokl in a press briefing at his private office in Koror yesterday said that the separation of powers could not be invoke because they have actually suffered injury after the disagreement over the leadership issue.
Thus, he said, that they’re asking the court to interpret the Constitution and this function is reserved for the court.
"This is not a political question because we are trying to ask the court to interpret the Constitution," he said.
With regards to the "journal issue’ Dengokl contended that when they unanimously passed it that does not mean that they have agreed to ratify anything.
"We were just passing the journal that has happened but not to agree of what has happened," he said.
It would be recalled that during the session on Sunday, Dengokl, Asanuma and Whipps along with Alan Seid, Tmetuchl, Diaz and Koshiba unanimously passed the journal for the 24th special session (from 2nd to 10th) and day journal for the regular session (from 1st to 4th), which was deemed to legitimize the 4-3 vote that installed Koshiba.
Meanwhile Dengokl denied claims that they were compelled to attend last Sunday’s session.
He said they went on their own initiative.