The Electoral Court on Wednesday dismissed a motion to nullify the election petition filed by Vaimauga 2 candidate Tamaleta Taimang Jensen, ruling that the case will proceed as scheduled despite questions over a missed publication deadline.

Presiding over the matter, Justice Vui Clarence Nelson rejected the motion brought by counsel for respondent Lenata’i Victor Fa’afoi Tamapua, who argued that the petition was invalid due to non-compliance with Rule 18 of the Electoral Petition Rules 1964. The rule requires a petition to be published in a newspaper within seven days of filing.

The petition was filed on Friday, 19 September 2025, meaning the publication deadline was Friday, 26 September. Jensen’s legal team did not publish the petition in a physical newspaper by that date. Instead, it was published online via Talamua Media on 25 and 26 September, with the print version appearing in the Samoa Observer on Saturday, 27 September, a day later.

Tamapua’s legal team filed a Motion to Nullify the Petition on 2 October, arguing that online publication does not satisfy the legal requirement, and that no affidavit was filed alongside the petitioner’s application for an extension of time.

In response, the petitioner argued that the delay was due to a miscommunication with the Samoa Observer, which mistakenly published an article about the petition rather than the petition itself. An affidavit from the secretary to the petitioner’s counsel was later filed, confirming the error.

In his decision, Justice Vui acknowledged the delay but emphasised the court’s discretion under Section 118 of the Electoral Act 2019, which allows it to prioritise the substantial merits of the case over strict procedural requirements.

“While the deadline was missed, the petitioner acted promptly and provided a reasonable explanation,” said Justice Vui. “This court is guided by the justice and merits of the case. The petition will proceed as scheduled.”