Supreme Court rules HOS doesn’t have the power to call fresh elections

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Click here for the decision of the Samoa Supreme Court in the following case:

FAST-Party-Ors-v-Attorney-General-Ors-Decision

Voters in Samoa will not have to go to the polls this Friday.

The Supreme Court has ruled that the constitution of Samoa does not give the Ao Mamalu o le Malo or Head of State the authority to void the results of the April 9 general elections and call new elections.

Chief Justice Satiu Simativa Peres summed up their panel’s decision.

  • After reviewing all the submissions of the parties our ruling and judgment:
  • Head of State does not have the power to call for fresh elections as he did on May 4, 2021.
  • There was no lawful basis to declare void the results of the April general elections,
  • The results of the April 2021 elections are valid and lawful.
  • The Head of State is directed to the requirements of the constitution to call a meeting of the Legislative Assembly within 45 days of the general elections.

The presiding justices who heard the case and issued the ruling with the CJ were Vui Clarence Nelson and Tafaoimalo Leilani Tuala Warren.