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Vui withdraws challenge, dates set for petitions hearing

The Deputy leader of the Samoa National Democratic Party (S.N.D.P.), Vui Seinafolava Masinamua, has withdrawn his petition against the Electoral Commissioner for rejecting his nomination for the General Election.

His lawyer, Mauga Precious Chang, notified the Court on Friday about her client’s decision.

Acting Chief Justice, Her Honour Niava Mata Tuatagaloa, said the matter will still be called on 11 November 2020.

Vui is one of two electoral petitions that were withdrawn from the 20 challenges filed by candidates against the Electoral Commissioner. 

He had confirmed that the rejection of his candidacy is in relation to his monotaga and not residing in Samoa for the last 305 days. 

The Minister of Finance, Sili Epa Tuioti is the other case that was withdrawn not including two other petitions that are unlikely to proceed. 

Prior to scheduling the cases, Justice Tuatagaloa told the Court that there will be two Supreme Court Judges sitting on each bench for the petitions. 

There will be three different benches running parallel at the same time chaired by Justice Vui Clarence, Nelson, Justice Lesatele Rapi Va’ai and herself, she added. 


The Acting Chief Justice then notified the lawyers involved in the proceedings to expect sitting on the matters over the weekend if needed. 

She said the timetable given for the cases has taken into consideration any conflict of interests from the presiding Judges and the represented lawyers.

The schedule for proceedings:

  1. Leumuava Asalemo Tuimauga versus Electoral Commissioner before Justice Tuatagaloa and Justice Clarke on 9th – 10th November 
  2. Aliimalemanu Alofa Tuuau versus Lafaitele Patrick Leiataualesa & Electoral Commissioner before Justice Vaai and Justice Warren on 9th – 10th November 
  3. Fata Ryan Schuster versus Electoral Commissioner before Justice Nelson and Justice Roma on 9th – 10th November  
  4.  Faletagoai Tausaga versus Electoral Commissioner & Tuula Kiliri Tuitui before Justice Tuatagaloa and Justice Clarke on 11th – 12th November 
  5. Paloa Louis Stowers versus Electoral Commissioner & Toi Sakaria before Nelson and Justice Warren 23th – 24th November 
  6. Vui Seinafolava Masinamua versus Electoral Commissioner before Justice Vaai and Justice Roma on 11th – 12th November 
  7. Papalii Moala Tavita versus Electoral Commissioner before Justice Nelson and Justice Clarke on 13th – 16  November 
  8. Su’a Samuelu Su’a versus Electoral Commissioner before Justice Tuatagaloa and Justice Roma on 13th – 16th November 
  9. Fata Meafou versus Electoral Commissioner & Taliaoa Viliamu and Puna Kelekolio before Justice Vaai and Justice Warren on 13th – 16th November 
  10. Leiataualesa Faaui II Niuapu versus Electoral Commissioner & Sianifoa Vaimoana Sooaemalelagi before Justice Tuatagaloa and Justice Warren on 17th – 18th November 
  11. Toi Ioane Ilalio versus Electoral Commissioner & Toi Sakaria Taituave before Justice Nelson and Justice Clarke 
  12. Fuatimau Maumea Leniu versus Electoral Commissioner and Magailefua Maposua Gafoaleata before Justice Nelson and Justice Clarke on 19th – 20th November 
  13. Tuifa’asisina Misa Lisati versus Electoral Commissioner and Aiolupotea Toni before Justice Vaai and Justice Roma on 17th – 18th November 
  14. Tuifa’asisina Misa Lisati versus Electoral Commissioner and Mata’afa Fa’avae before Justice  Vaai and Justice Roma  on 19th – 20th November 
  15. Sili Epa Tuioti versus Electoral Commissioner and Fiu Gasologa Foloki before Justice Tuatagaloa and Justice Warren 19th – 20th November 
  16. I’a Sa’u Kaisara versus Electoral Commissioner before Justice Tuatagaloa and Justice Roma on 23rd – 24th November 
  17. Talalafai Toma Amosa versus Electoral Commissioner before Justice Tuatagaloa and Justice Roma on 25th – 26th November 
  18.  Tuala Tevaga Iosefo and Tevaga Tupuivao versus Electoral Commissioner before Justice Justice Vaai and Justice Clarke on 23rd – 24th November 
  19. Leoa Tauti Kalepo and Tuala Iosefo Ponifasio versus Electoral Commissioner before Justice Vaai and Justice Clarke 25th – 26th November 
  20. Mulipola Laki Leiataua versus Electoral Commissioner before Justice Nelson and Justice Warren on 11th November – 12th November  
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