Court Dismisses Falealili 2 Application to Intervene

By Lagi Keresoma / Yvonne Atonio/

Apia, Samoa – 02 December 2025: The Electoral Court has dismissed the application by the Alii ma Faipule of Falealili 2 as an intervener in the prolonged Falealili 1 election petition.

The intervention is in support of the withdrawal by Falealili 1 petitioner Tuiloma Laniselota Lameko against the Falealili 1 Member of Parliament Toelupe Poumulinuku Onesemo (Respondent)

The court believes that the information in the 7 affidavits provided by Falealili 2 will not improve the quality of information already before the court. They also wanted to know what new information provided by Falealili 2 that is not already before the court.

The application
Counsel Fuimaono Sarona Ponifasio presented the grounds they believed their intervention can assist the Court which is improving the quality of information already before the court and that the prolonged matter between Tuiloma and Toelupe is creating division and upset peace and stability within the district.

However, Chief Justice Satiu Simativa Perese and Justice Leiataualesa Daryl Clarke said these are legal tactics to prolong the matter.

They also pointed out that there is no evidence before the court of such division.

“Has there been a massive protest or someone’s house being burnt down?” asked CJ Perese.

Leiataualesa pointed out that there will always be division of families, villages  in politics and that is the nature of politics, then asked Fuimaono if the application is for the substantive matter or withdrawal only.

Fuimaono said “withdraw.”

HRPP opposed application
Counsel for HRPP Faimalomatumua Mathew Lemisio opposed the application citing the time the application which was only filed yesterday.

The court followed-up the reason why the application was filed in the 11th hour and Fuimaono said she was only instructed by the Alii ma Faipule yesterday.

Court denied submission of affidavits
The court also denied the application by Toelupe’s counsel Muriel Lui to admit the 7 affidavits of the Alii ma Faipule of Falealili 2.

Lui argued that the affidavits have been tendered in court and should be admissible, however, the court felt the application to intervene has been declined and so should the affidavits.

The hearing of the HRPP intervention on the withdrawal starts tomorrow.