Chief Justice Arthur Ngiraklsong on September 25, denied the TRO filed by Nicholas.
Nicholas, a Saipan-based lawyer filed a petition for judicial review at the Supreme Court on September 15, after the Palau Election Commission disqualified him from seeking a seat in the Senate.Nicholas filed his candidacy for 8th Olbiil Era Kelulau on August 4 but the Election Commission disqualified him later citing reasons that he is not eligible to run for Senate because he has not resided in the Republic of Palau sufficiently to satisfy the requirements.Nicholas through his lawyer Oldiais Ngiraikelau filed a petition for judicial review, declaratory and injunctive reliefs. He also filed a TRO to restraint the Election Commission from printing the names of the official candidates in the election ballots.The court denied the TRO and set the hearing for Nicholas complaint for October 7 at 10 a.m.The Election Commission through counsel Nelson J. Werner filed their answer to the complaint and denied Nicholas allegations.The Election Commission in their answer affidavit stated that Nicholas complaint fails to state facts sufficient to constitute a cause of action against the Election Commission.The Election Commission stated that Nicholas is prevented from asserting any and all claims in the conflict based upon statements, actions, representation and conduct.The Election Commission said that Nicholas has waived any and all claims in the complaint against Election Commission based upon statements, actions, representation and conduct and Nicholas first cause of action is barred pursuant to 23 PNC x1205.The Election Commission is requesting for a judgment for cost of suit against Nicholas.The Election Commission’s counsel also filed an emergency motion to expedite discovery and deposition of Nicholas.The Election Commission’s motion is requesting the court to order Nicholas to appear on October 2 for his deposition.Nicholas is a practicing lawyer in Saipan. His complaint stated that he was born in Angaur State on May 8, 1962 and has been a member of Ngerbuuch clan in Angaur.Nicholas in his complaint stated that he is a registered voter of Palau since 1984 and has participated in the national election since then.Nicholas said he had been trying to buy a piece of land in Koror to build his law office.
