The Court of Appeal has dismissed an application by former Deputy Prime Minister, Hon Toelupe Poumulinuku Onesemo, upholding the Supreme Court’s decision that voided his election as the Member of Parliament for Falealili No. 1.
The unanimous judgment was delivered on Monday morning by Justices David Harrison, Christine Asher and Brendan O’Regan, by video link to Mulinuu.
The Court rejected claims that Onesemo’s constitutional right to a fair hearing had been breached during the election petition.
“[101] It is plain that the drafters of the Electoral Act in giving the Supreme Court inquisitorial powers regarded the impartial and vigorous investigation of election fraud as essential to the democratic process. The actions of the Supreme Court in this instance were appropriate and met that intention exactly.”
“[102] Mr. Onesemo’s application for a declaration that the decision of the Supreme Court dated 24 March 2026 breached his constitutional rights and for the quashing of that decision is dismissed, with the result that the Supreme Court must now submit its statutory report to the Speaker.”
The appeal arose after the Supreme Court, on 24 March 2026, found that Onesemo, through an agent, committed electoral bribery by providing $150 to a voter on the eve of the 2025 General Election.
That finding resulted in his election being declared void.
Representing Onesemo were Jack Hodder KC and Muriel Lui, while the Speaker of the Legislative Assembly was represented by Taulapapa Brenda Heather-Latu.
There was no appearance for petitioner Tuiloma Laneselota Lameko, and the Court appointed Christopher Finlayson KC, Su’a Hellene Wallwork and Stephen Rankin as amici curiae to assist the Court.
A significant constitutional issue before the Court was whether decisions of the Supreme Court in election petitions, which the Electoral Act says are “final and conclusive”, can still be challenged on constitutional grounds.
“The mere raising of a constitutional issue will not open the door to re-examination of electoral decisions,” the Court said.
“A clear breach of a constitutional right must be shown.”
The Court did not accept the argument that Toelupe had been denied the opportunity to cross-examine key witnesses.
The Court instead found that Counsel had repeatedly chosen not to present evidence or challenge the allegations during the original proceedings.
“It was Mr Onesemo who failed to seek to exercise that right or submit any rebuttal evidence to the tribunal,” the judges said.
In Court during the original trial, Muriel Lui representing Toelupe chose not to cross examine the single witness who appeared in Court.
The Court also dismissed allegations that the Supreme Court acted with bias by continuing to investigate the petition after an attempt was made to withdraw it.
Instead, the judges endorsed the Supreme Court’s handling of the case, saying election petition hearings serve a broader public purpose.
“The public interest in the Court’s inquiry and adjudications on that subject matter could not be stronger,” the judgment states.
The Court decision said the Supreme Court continued with its inquiry despite what it described as attempts to undermine the judicial process.
“The Court demonstrated its independence and impartiality by continuing its hearing in the face of evidence of more than one instance of bribery and of an apparently orchestrated pattern of witness interference designed to subvert its process.”
The Court concluded that protecting the integrity of Samoa’s elections was central to the purpose of the Electoral Act.
“It is plain that the drafters of the Electoral Act… regarded the impartial and vigorous investigation of election fraud as essential to the democratic process.”
The dismissal of the application means the Supreme Court’s March ruling declaring the Falealili seat void remains in force.
Toelupe Maoiautele Poumulinuku Onesemo had won the Falealili 1 seat at the August 29th election with a margin of close to 400 votes and had served as Deputy Prime Minister.
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