The Supreme Court has yet to formalise a “settlement in principle” in the matter of an electoral petition which will apparently lead to an elected Member of Parliament giving up her seat,  and not contesting an expected by-election.  

A petition against the elected M.P. for Falealupo, Leota Tima Leavai is in the process of being dropped on the condition that she gives up her victory and agree not to run if a by-election is triggered. 

Fa’atuatua ile Atua Samoa ua Tasi (F.A.S.T.) party candidate, Fuiono Tenina Crichton petitioned Leota alleging bribery and treating following April’s General Election. 

When the matter was called on Friday the Court noted that the parties have not advertised their intention to withdraw the petition and a counter petition against Fuiono. 

Justice Vui Clarence Nelson sitting with Justice Tafaoimalo Leilani Tuala-Warren confirmed the parties have filed motion to withdraw and supporting affidavit on the agreement. 

However, lawyer Tanya Toailoa acting for Fuiono told the Court that the documents had just been signed resulting in the advertisement of the withdrawal not being done. 

She said the notice of her client’s intention to withdraw will be advertised in the weekend. 

This was the same position from lawyer Aumua Ming Leung Wai representing Leota. 

Justice Nelson adjourned the matter to Friday next week on the basis that the parties advertise their intentions and the Court will decide then if it grants or not the application. 

In a recent interview, Leota, who is a lawyer by profession confirmed the parties have reached a “confidential agreement” with both parties agreeing for the electoral challenges to be withdrawn.

The hearing of the post-election challenge in the Supreme Court was scheduled for hearing on Tuesday.

But before it could proceed the parties asked for an adjournment so they could settle the matter. 

Leota is one of five lawyers who contested the general election and are facing bribery and treating charges following the polling in April.

Lawyers who are found guilty of corrupt practices during elections not only lose their seat in the Parliament, but also risk losing their practicing certificate as a lawyer. 

Should Leota proceed with her resignation as the Member-elect as per the agreement, this will drop the number of women currently in the Parliament to four, leaving the required quota for females in the House short by two.

Consequently, not only will the number of seats for women in the House drop below the 10 per cent mark, which as the Appellate Court ruled translates to six women representatives. 

It will also reduce the total number of H.R.P.P. Members-elect to 22, compared to 26 currently maintained by the rival F.A.S.T. party.