The three lawmakers who unsuccessfully sued the American Samoa Economic Development Authority over spending of bond proceeds have decided not to pursue the case through filing a motion of reconsideration of the High Court’s decision to dismiss their suit.
In a statement issued yesterday Representatives Larry Sanitoa, Andra Samoa and Vesiai Poyer said “While we are very disappointed with the outcome from the judicial review, we respect the decision of the court. The Judiciary branch plays an important role in overseeing the implementation of constitutional provisions and procedures by being the guarantor of the fundamental rights of the citizens. This is the part of the checks and balances that the three branches use in order to limit each other and ensure a balance of power. ”
The plaintiffs pointed out, “In January 2019, when the administration informed the Fono that ASEDA did not have to submit a supplemental money bill explaining expenditures and appropriation of the $50 Million in Bonds money the government received in December, 2018, we simply sought the advice of many legal professionals including the Fono attorneys, on whether ASEDA under the American Samoa Constitution has such authority.
“We were told that the American Samoa Legislature is the only branch explicitly granted the power to pass laws appropriating and enabling the expenditure of public funds by approving budgets submitted by the Governor.”
The statement went on to say that $50 million plus in Bonds received in 2018 plus interest of $46 million amounted to over $96 million. This amount was added to the $149,129,263.46 in Bonds from 2015 which brings the total debt in Bonds for the people of American Samoa to $245,818,063.41 million, to be paid by generations to come for over 20 years.”
The three lawmakers thanked their attorney Thomas Bucky Jones and Associates for their hard work and commitment to their case as well as their families, friends, and especially their constituents who supported their intentions throughout the process.
The High Court ruling on the ASEDA case was on the agenda of the cabinet meeting of January 10.
Governor Lolo Moliga said he was involved the first time the ASEDA law was passed in 1986 so he has better knowledge of the issues. Same as veterans like Savali Talavou Ale and Magalei Logovii.
He said he told the AG not to worry about the case, and added at least the High Court “has given the privilege to these new members. ”
The governor also commented that in democracy the majority rules whether its right or wrong.
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