Chief Justice Arthur Ngiraklsong in an order on Friday granted the Palau Election Commission’s motion for summary judgment and dismissed the civil action filed by four disqualified candidates, Delegates Mario S. Gulibert, Lucio Ngiraiwet, Speaker of the House Antonio Bells and Floor Leader Sabino Anastacio.
The Supreme Court in dismissing the lawsuit said that the court agreed with the Palau Election commission’s reading of the Fourth Amendment that plaintiffs do not meet the requirements for office because they have served three previous terms.The Supreme Court affirmed the Election commission’s decision not to place the four Delegates names on the ballot.The court said “the Fourth Amendment of the Constitution has turned the four Delegates into what former President Kuniwo Nakamura called “mechuut lullach” ready to fall.The Chief Justice said the four Delegates “claim of right to have their names placed on the ballots for the November national election must also fall.”The four Delegates on September 4, 2008, filed their expedited complaint for Injunctive and Declaratory Relief challenging the decision of the Palau Election Commission that the Fourth Amendment of the Constitution of the Republic of Palau prohibits them from seeking re-election to the House of Delegates.The Election Commission invalidated each of the plaintiff’s petition as a candidate for Delegate to the Eight Olbiil Era Kelulau.Santos Borja, Chairman of the Election Commission, Gregorio Decherong,Benjamin Yobech and Sally Techitong Soalablai in their official capacity as members of the Palau Election Commission through Counsel Nelson J. Werner moved for the dismissal of the complaint on September 18.The plaintiffs through their counsel Rachel Dimitruk filed opposition and cross-motion for summary judgment on October 2.Chief Justice Ngiraklsong’s order stated that Ngiraiwet, Bells and Anastacio are related to the Chief Justice and in most instances, the Chief Justice would reassign the case to another Justice but the only issue in the case is the proper interpretation of the Fourth Amendment of the Constitution.The order stated that the Chief Justice has previously presided over cases involving the OEK in which his relatives were members of both houses.Chief Justice Ngiraklsong said that he does not believe that his impartiality might be questioned in this case.“This is not a personal matter unique to these four plaintiffs. The Constitution speaks for the entire people of Palau as their supreme law,” the Chief Justice said in his order on Friday.The Fourth Amendment stated that no candidate to the OEK may serve three previous terms.The plaintiffs served three terms already.
