Justice Joseph Yagi this morning heard the application for the disqualification of Wabag Election Petition trial’s presiding judge Justice Grahama Ellis and a consequential pleading for a mistrial at the Waigani Court House in Port Moresby.
Justice Yagi explicitly stated that the facts presented before the court are indisputable as his Honor Graham Ellis has reached his retirement age on the 21st of November 2025.
However, he said he had no jurisdiction to take over the case even after Counsel acting for the first respondent (Wabag Open MP Lino Tom) pointed him to the fact that Justice Ellis had issued a chamber’s order for this application to be heard by Justice Yagi.
The court was told this was done through an email to all parties.
The counsel acting for the second respondent then intervened and said the PNG Electoral Commission is filing another application to seek the Supreme Court’s interpretation on these contentious matters.
Justice Yagi asked him to file his application for hearing tomorrow. This will determine whether Justice Ellis conducted the trial devoid of authority and that this can amount to a mistrial.
This will also seek to determine whether his reappointment validates decisions he has made after reaching his retirement age last year.
Justice Ellis’s continuation after reaching his retirement age will be quite contentious and scandalous as it will bring into question his credibility after knowingly performing his duties when he lacked judicial authority.
The application, filed by first respondent’s lawyer Adam Ninkama on behalf of Wabag MP Dr Lino Tom, argues that Justice Ellis reached retirement age on November 21, 2025.
Court documents state he was born on November 21, 1953.
The matter was heard this morning in the National Court before Justice Joseph Yagi, who acknowledged that the facts surrounding Justice Ellis’ retirement age were indisputable.
However, Justice Yagi said he may lack jurisdiction to take over the case, stating that once a matter is handled by another judge, his “umbilical cord” to the case is cut and it should remain with the presiding judge.
Meanwhile, petitioner’s lawyer Christine Copland argued that the claims of irregularity were speculative and unsupported by evidence.
Justice Yagi, however, stated that certain facts are fundamental and leave little room for dispute.
The matter has been adjourned to tomorrow at 1:30pm at the Waigani Court House in Port Moresby.