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Court grants interim stay of execution of judgement on Falealili 1 decision

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Chief Justice Satiu Simativa Perese.

By Lagi Keresoma/

Apia, SAMOA – 2 April 2026: Chief Justice Satiu Simativa Perese has granted an interim stay of execution on the Falealili 1 judgement which voided the seat of their Member of Parliament Toelupe Poumulinuku Onesemo.

The decision has been challenged, and the interim stay of execution is granted pending further order of the court.

The Chief Judge Perese and Supreme Court Judge Leiataualesa Daryl Clarke were the Electoral Court panel whose decision of 30 March 2026, ruled to void the Falealili 1 seat held by Toelupe and Toelupe resigned as Deputy Prime Minister and Cabinet Minister on Tuesday this week.

Toelupe has since filed a notice of motion seeking an enforcement of his constitutional rights and review of actions of the Supreme Court in its electoral jurisdiction dated 30 March 2026.

He also lodged a statement of claim and affidavit in support of notice of motion for stay of execution, a review and enforcement of constitutional rights.

KC Justice Harrison to preside
The court has also taken note that New Zealand King’s Counsel Justice Rhys Harrison will preside over the matter.

The parties to the matter are Toelupe who is the Applicant, Tuiloma Laniselota Lameko as the First Respondent and the Parliament Speaker as the Second Respondent.

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