The Supreme Court has granted approval for the withdrawal of an election petition for the Sagaga No. 4 seat, which also sees the Member-elect resigning as part of an agreement with the petitioner.

The resignation of the Member-elect for Sagaga No. 4 Tuisa Tasi Patea became effective on Wednesday and automatically triggered a by-election for the vacant seat. 

The decision by Tuisa to resign from office is part of a post-election settlement with his rival Tagaloatele Poloa who took him to Court over allegations of bribery and treating.

His decision to resign is a result of an agreement with his Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T.) rival, who has also agreed to drop the election petition against him. 

Justice Tafaoimalo Leilani Tuala-Warren and Justice Fepuleai Ameperosa Roma granted leave to withdraw the election petition for the seat on Wednesday.

Tuisa confirmed that the petition has been withdrawn “as agreed” but did not respond when asked if he is still running in the by-election.

Previously when the matter was called, Chief Justice, His Honour Satiu Simativa Perese had queried whether the settlement allowed Tuisa to resign and contest again in the by-election. 

He said his understanding of the settlement is that if he resigns he will not contest the by-election, but still has the chance to compete in future elections.

Chief Justice Perese said if the representative decides to resign and run again in the by-election it would be an offense under section 133 of the Electoral Act.

The provision under the Electoral Act states that in the case of the withdrawal of a petition, the Supreme Court shall make a report to the Speaker stating whether in its opinion the withdrawal of the petition was the result of a corrupt arrangement.

The Chief Justice added that the Supreme Court has to be consistent with its approach on all the settlements and treat the Sagaga No. 4 seat matter in the same way.

He made reference to other settlements where the respondent or the elected M.P. resigned from office and had forgo the by-election.

Tuisa, who contested under the Human Rights Protection Party (H.R.P.P.) banner, won the election collecting 851 votes to the petitioner’s 579 and is a former M.P. and a lawyer by profession.

His rival had accused him of six counts of bribery and two counts of influencing voters during the polling day while Tagaloatele himself faced eight counts of bribery and treating.

Tuisa is the second lawyer-turned politician to resign as a result of negotiations emanating from an election petition following the April election.