The Wabag Election Petition (NO. 19 of 2022) is facing a potential mistrial, following revelation that the presiding judge Justice Graham Ellis has reached the retirement age of 72.
The first respondent’s Adam Ninkama lawyers yesterday filed a Notice of Intention and affidavits to that effect, highlighting Section 7 of the Organic Law on the Terms and Conditions of Employment of Judges (“Organic Law”) sets 72 years as the age limit for the appointment of a judge.
The Notice of Motion and supporting Affidavit filed is aimed at disqualifying the Judge and declare a mistrial; there is another legal issue of the learned Trial Judge’s appointment was not gazetted so he exercises judicial authority.
The Honorable Justice Ellis had reached his retirement age of 72 years on 21 November 2025 as he was born on 21 November 1953.
His appointment was affected on 22 May 2025.
PNG SUN understands the decision is being deliberated by Judicial and Legal Services Commission (JLSC) to consider his re-appointment.
However, the lingering question; can the Trial Judge continue the petition from where he stopped knowing of that he had no judicial authority to preside during that week of trial?
The election trial conducted in Wabag, Enga for this week has been put on hold until this legal issue regarding the retirement age of the judge is resolved.
Court documents accessed by PNG SUN have confirmed that the legal issue arose when it was discovered that the judge had reached 72 years on November 21, 2025, which is the retirement age for both citizens and non-citizens.
In an email, Justice Ellis’ associate had indicated that he agreed with the decision that the notice of motion submitted yesterday should be filed, heard and determined in Waigani.
“As a result, Justice Ellis has indicated that there will be no further hearing of petition in Wabag until that Notice of Motion be finalized,” the email read.
Two-week trial started in January 26 and but was put on hold today (Wednesday 4th, 2026). Summary of results at the conclusion of primary votes for the top 5:
1. Dr Lino Tom -35,782
2. Kennedy Thomas Lemban- 10,807
3. Milfred Wangatau -5,526
4. Samuel Philip Kenai-5,474
5. Pato Potane-3,948
In the election petition, formal ballot papers counted was 67,568: absolute majority was 33,785. Dr Lino scored 35,782, the winning margin is 1997.
The 2022 National Government Elections results where Hon. Dr. Lino Jeremiah Tom, was re-elected, was challenged by two unsuccessful candidates, Kennedy Thomas Lamben and Samuel Philip Kenai.
Both Petitioners filed their respective Petitions as EP No. 15 of 2022 – Kennedy Thomas Lamben v. Dr. Lino Tom & PNG Electoral Commission and EP No. 19 of 2022; Samuel Philip Kenai v. Dr. Lino Tom & PNG Electoral Commission.
On 3 August 2023, the National Court presided by the retired Judge Batari made orders for the hearing of Mr. Kenai’s Petition to be heard first and followed by Mr. Lamben’s Petition.
Both Petitions were splitting replicas of each other where exact grounds were raised with the only difference being the dates on which they were filed.
The trial commenced on 10 October 2023 before retired Judge Batari until it was adjourned indefinitely awaiting the Judge’s re-appointment.
The resumption of trial was further hampered when the Judge had reached his retirement age of 72 years with the Judicial and Legal Services Commission (JLSC) refusing to extend his appointment to 75 years.
The trial resumed after a 2-year break on 27 January 2026 before Justice Graham Ellis who is the resident Judge of Wabag National Court.