Falealili 1 voters to return to a by-election

By Lagi Keresoma/

Apia, SAMOA – 30 June 2026: The Falealili 1 constituency will return to a by-election after the Court of Appeal dismissed their Member of Parliament Toelupule Poumulinuku Onesemo’s application to quash the Supreme Court decision of 24 March 2026 on the ground that it breached his constitutional rights.

Toelupes’ argument was based on two aspects.

One, the Supreme Court breached his constitutional rights by not giving defence a chance to cross examine the evidence presented by the Petitioner; and

Two, the Supreme Court failed to conduct their role independently.

In their ruling read out yesterday by Justice Rhys Harrison, the application is dismissed and the Supreme Court decision remains.

Background to the case
The unsuccessful candidate in the Falealili 1 election in August 2025, Tuiloma Laniselota Lameko filed a petition against the winning candidate Toelupe after securing three witnesses.

The principal witness was Malili Nofovaega and his wife who presented affidavits that Toelupe’s agent gave them $150.

The other witness is Leapagatele Alema whom Malili told of the money received from Toelupe’s agent.

Later, both parties agreed to withdraw their applications, and they were given 7 days to advertise their intention.

On the day the court was to address the withdrawal, the Human Rights Protection Party (HRPP) intervened on the ground that money was presented by Toelupe to Tuiloma to withdraw the case which was followed by a hearing.

Falealili 1 seat void & stay of decision
On 24 March 2026, the Electoral Court declared the Falealili 1 seat void after ruling that Toelupe was guilty of electoral bribery.

On 31 March 2026, the defence lodged an application to stay the execution of the Electoral Court decision and was granted by Chief Justice Satiu Simativa Perese on 2 April 2026.

At the same time, the Electoral Court panel which consisted of Chief Justice Perese and Justice Leiataualesa Daryl Clarke, referred to other allegations of bribery which included a transaction of $100,000 between Toelupe and Tuiloma and contempt of court due to the Falealili 1 witnesses non-appearance in the Supreme Court.

The unwilling witnesses
On 30 September 2025, Toelupe filed a response denying all allegations and filed an application for a strike out, but the court noted that he did not provide any evidence to challenge the petitioner’s evidence provided by 42 affidavits.

The Petitioner later filed further affidavits alleging “attempts at witness interference” to which Toelupe responded to.

The hearing was scheduled to be heard on 23 October 2025, however, the non-appearance of witnesses for both parties delayed the proceedings and all 53 witnesses will be sentenced on the charge of contempt of court next month.

As for Toelupe’s Judicial Review, the Court of Appeal has ruled that they do have jurisdiction to hear the matter and has ruled to uphold the Supreme Court decision.

The Court will inform the Speaker of their decision and Falealili 1 is expected to go to the polls again to select a new Member of Parliament.

Neither the Petitioner nor the Respondent appeared in Court when the decision was delivered on Monday morning.