Chief Obaklechol is the first ranking chief of Ngerchol Hamlet of Peleliu State and member of the Peleliu State Legislature. Ourrot is a strong female member of a clan while Okdemaol is a strong male member of a clan.
Former Palau President Kuniwo Nakamura was appointed by the Ourrot and Okdemaol of Ngetpang Clan as the Chief Obaklechol.The Trial Division on May 30, 2008 rendered its decision in favor of former Palau President Kuniwo Nakamura and affirmed his appointment as the Chief Obaklechol.Obaklechol Francisco Louis and Ngaraibesachel challenged the trial division’s determination and argued that the court erred in ruling that there was no issue of material of fact and that the court abused its discretion by failing to consider the customary standards for selection of Obaklechol.Ngiraibesechel is a council of chiefs of Ngerchol Hamlet of Peleliu.But Supreme Court’s Associate Justice Kathleen M. Salii, Associate Justice Alexandra F. Foster and Part-Time Associate Justice Katherine A. Maraman in their opinion order dated April 10, has concluded that there is no genuine issue of material fact and the trial court was correct in granting summary judgment to Nakamura and the Peleliu State Legislature.The Justices affirmed the trial court’s determination that the case is nonjusticiable due to the political question doctrine and to the result.The Supreme Court agreed with the Trial Division’s determination that there was an outstanding dispute concerning who was accepted by Ngiraibesechel as Obaklechol but that dispute was not material to the case.
The Supreme Court’s order stated that the Trial Court found that that Obaklechol was not appointed by Ngiraibesachel or any other representative of Ngetchab Clan, but by the members of Ngetpang Clan and for that reason, the Trial Division found that a dispute as to Ngiraibesachel’s actions was not material.The Supreme Court stated that the Trial court noted that a dispute about Ngiraibesachel’s selection was not material because the Peleliu State Legislature’s appointment of Nakamura was unreviewable due to the political question doctrine.The Justices said prior to seating Nakamura as Obaklechol, the Peleliu State Legislature created a credential committee composed of five people, to investigate the dispute. That committee analyzed the legal, factual and customary backgrounds of the dispute about Obaklechol and determined that Obaklechol is appointed by the Ourrot and Okdemaol of Ngetpak Clan.The Supreme Court stated that “the committee determined that the Ourrot and Okdemaol submitted Nakamura’s name to the Ngiraibesachel and it was accepted and based on those determinations, the credential committee recommended that Nakamura be seated as Obaklechol. The Legislature then adopted a resolution signed by 10 out of 14 legislators to seat Nakamura.”A civil action was filed in 2007 by Francisco R. Louis and Ngaraibesachel against Nakamura and the Peleliu State Legislature seeking an order from the court declaring him as the Chief Obaklechol as he was appointed by Ngetchab Clan and to order the Peleliu State Legislature to sit him in the Legislature as Obaklechol.Twenty years ago, Ichiro Blesam was approved to hold the title as chief of Obaklechol of Peleliu State Legislature even though he was not approved by the Ngiraibesachel. When Blesam died in 2007, Louis claimed Peleliu State Legislature assured him that he would be appointed as Obaklechol in March of 2007.However Peleliu State appointed Okada Ongklungel to the seat in July of 2007, then replaced him with Nakamura in December of 2007.
