Magele Sekati Fiaui informed the Electoral Court that he wished to withdraw the election petition against the current member of parliament for Faasaleleaga No. 2, Vaaelua Senetenari Samau; however, Vaaelua wanted to proceed.

The matter was stood down on Tuesday by Justices Mata Keli Tuatagaloa and Loau Donald Kerslake and will resume on Wednesday.

Before the proceedings began, Magele addressed his district constituents in court and announced his wish to withdraw his petition. His decision was then formally conveyed to the court by his counsel.

However, counsel for the respondent, Tofilau Leone Sua-Mailo, told the court that she was only informed of the withdrawal request on Monday night. Tofilau objected to adjourning the matter, stating that witnesses for the counter-petition had already travelled from Savai’i and taken time off from work to attend the hearing.

Counsel for the petitioner requested that the matter be stood down to Wednesday.

Justice Tuatagaloa cited Section 131 of the Electoral Act in explaining the court’s position, noting that a petition cannot be withdrawn unless a formal application is filed and the court has granted leave to do so.

She added that the court would adjourn the matter to Wednesday morning to allow time for proper filing, but warned that no further adjournments would be granted.

Justice Tuatagaloa also addressed the constituents present in court, clarifying that there are two petitions currently before the court, Magele’s petition against Vaaelua and Vaaelua’s counter-petition against Magele.

She explained that while Magele is seeking to withdraw his petition, Vaaelua’s counter-petition against him remains active.