Associate Justice Lourdes F. Materne in her decision dated May 30 ruled that the chief title Obaklechol belongs to Ngetpak Clan and the appointment of Nakamura as the Chief Obaklechol is by the ourrot and okdemaol of Ngetpak Clan.Chief Obaklechol is the first ranking chief of Ngerchol Hamlet of Peleliu State and member of the Peleliu State Legislature.Associate Justice Materne in her decision said that chief Obaklechol belongs to Ngetpak Clan and not Ngetechab and that it is the “ourrot” and “okdemaol” members of Ngetpak Clan that select chief Obaklechol.Francisco R. Louis and other individuals purporting to be members of Ngaraibesachel, Council of Chiefs of Ngerchol filed a case last year against Nakamura, Okada Ongklungel and Peleliu State Legislature and sought for an order declaring him as the Chief Obaklechol as he was appointed by Ngetechab Clan.Louis also moved the Supreme Court to order Peleliu State Legislature to sit him in the Legislature as Obaklechol.Nakamura was appointed by ourrot and okdemaol of Ngetpak Clan following the death of his uncle Ichiro Blesam who held chief title Obaklechol for over twenty years before he died in July 2007.The defendants have moved for the dismissal of the complaint as it violates customary law and it lack standing.The defendants also sought for attorney’s fees and sanctions against plaintiffs for filing a frivolous lawsuit.The Supreme Court in granting the defendants motion for summary judgment said that because Nakamura has been installed by the Peleliu State Legislature and has been approved by the Credentials Committee, as long as his appointment meets the customary standards established in the earlier cases, the political question doctrine precludes review by the court of the Peleliu State Legislature’s decision to seat Nakamura as Obaklechol.The Associate Justice however denied the defendants motion for sanctions and costs.The Supreme Court in denying the motion for sanctions said that the court does not find that the complaint was vexatious, frivolous or groundless.


