Samoa Court issues interim stay in election petition decision

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The Supreme Court of Samoa has granted an interim stay of execution of its orders, declaring the election of Falealili 1 member of parliament Toelupe Poumulinuku Onesemo void.

Samoa Observer reports the decision was made following a challenge by Toelupe against the court’s electoral jurisdiction.

This means the decision of the court of March 24, 2026 which found Toelupe guilty of one count of bribery, is not in force.

Toelupe filed a notice of motion seeking enforcement of constitutional rights review of actions of the Supreme Court acting in its electoral jurisdiction on 30 March, 2026.

Chief Justice Satiu Simativa Perese, in responding to the application, ordered that the various documents filed by the applicant are to be referred to Justice Rhys Harrison, who will take charge of the case.

The court then granted an interim stay of execution of the judgment of the court under challenge, pending further order of the court.

Toelupe has officially stepped down as the Deputy Prime Minister and a member of the cabinet.

The stay of execution will put a hold on the Electoral Court’s decision that he vacate the Falealii No 1 seat in Parliament.