Toelupe engages overseas counsel

By Marieta Heidi Ilalio 14 April 2026, 7:00PM

Falealili No.1 member of parliament, Toelupe Poumulinuku Onesemo, has engaged an overseas lawyer for his appeal against the decisions of the Electoral Act delivered on 24 March.

A matter related to the appeal and to decide whether the Supreme Court or the Court of Appeal should hear the matter was called on Tuesday.

Lithgow had made an application for more time to make his submissions.

“In the circumstances, I direct an extension of time for the applicant to file his submissions to 5.00 pm on 22 April 2026 with corresponding extensions of time to the respondent and to amicus until 5.00 pm on 25 April 2026,” said Justice Rhys Harrison.

“The hearing date scheduled for 20 April 2026 is vacated and the Registry is to arrange a new hearing at 9.00 am on 29 April 2026. Mr Lithgow is given leave to appear remotely.”

Justice Harrison said Lithgow was encouraged to give careful attention to reviewing and refining the jurisdictional issues arguably arising from the substantive application. He said some rigorous legal analysis is required.

“Mr Lithgow will appreciate that this indulgence will not affect the hearing date for the substantive fixture, whether in this Court or the Court of Appeal in the week starting 1 June 2026, likely 3 and/or 4 June.”

The Electoral Court had ordered Toelupe’s election void after finding him guilty of bribery. After Toelupe filed an appeal, the Supreme Court granted a stay on the orders until the appeal is dealt with.


By Marieta Heidi Ilalio 14 April 2026, 7:00PM
Samoa Observer

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