Judge Graham Ellis has paid a courtesy visit to Enga Governor Sir Peter Ipatas’ office in Wabag for an hour-long meeting following declaratory orders issued by Deputy Chief Justice Ambeng Kandakasi in relation to a bail application.
The orders effectively removed restrictions on Judge Ellis from performing his judicial duties.
Judge Ellis’ appointment had earlier been challenged through a Section 18 application filed two months ago by the Electoral Commissioner, which questioned the legality of his appointment.
However, the Electoral Commission yesterday withdrew the application, stating that challenging the appointment of a judge was outside its constitutional mandate.
The withdrawal also followed Judge Kandakasi’s declaratory orders, which appeared to address issues that were already before the Supreme Court in relation to the National Court bail application ruling.
According to a number of legal observers, this raise concerns over the principle of sub-judice and sets what they describe as a dangerous precedent, where a lower court is perceived to interfere with matters already under consideration by a higher court, potentially usurping the functions of the Supreme Court.
Lawyers representing the Member for Wabag informed Justice Hartshorn yesterday that their client intends to file another Section 18 reference, arguing that the latest developments could have legal implications for his case because the legality of Judge Ellis’ appointment has yet to be conclusively determined by the constitutionally mandated authority-the Supreme Court.
They further argued that the Supreme Court alone has the jurisdiction to interpret constitutional matters.
Legal concerns have also been raised over the appropriateness of a party involved in the original appointment process effectively validating its own decision through proceedings in a lower court, while the matter remains unresolved before the Supreme Court.