Nonu Lose Niumata, the M.P.-elect for Safata No. 2 has resigned from the seat, following a decision by his challenger, Laumatiamanu Ringo Purcell, to withdraw his petition.

The move confirms yet another by-election and cements the drop in numbers of the Human Rights Protection Party (H.R.P.P.) on the floor of the legislature. The party now only has guaranteed control of 18 M.P.s compared to 26 for the Fa'atuatua i le Atua Samoa ua Tasi (F.A.S.T.) party.

Former Member of Parliament Nonu was asked to resign as a condition that was part of a settlement deal to drop a post-election legal challenge against him. While Laumatiamanu had mounted a case, Nonu himself lodged a counter-petition.

The Supreme Court on Wednesday dismissed both.

The two parties had indicated their intentions to the court not to proceed with the challenge last week.

Both candidates are eligible to contest the by-election should they decide to run again.

Laumatiamanu ran under the F.A.S.T. flag. 

Justice Niava Mata Tuatagaloa and Justice Tafaoimalo Leilani Tuala-Warren presided the matter. Lawyers Leiataualesa Komisi Koria and Pose Toma acted for Laumatiamanu while Arthur Lesa represented Nonu.

Nonu took the lead on polling day with 578 votes to Laumatiamanu's 466 ballots.

Nonu, who is a former Accident Compensation Corporation Chief; he was the constituency’s incumbent M.P. after entering Parliament in 2016, when he also defeated Laumatiamanu.

A 52-year-old farmer and former Police officer, Laumatiamanu contested the 2016 poll for the H.R.P.P., but switched alliances for the 2021 General Election.

Safata No. 2 is composed up of Nuusuatia, Vaiee, Fausaga, Fusi, Mulivai and Tafitoala.

Other electoral constituencies expected to undergo a by-election include, Sagaga No. 1, Sagaga No. 2, Sagaga No. 4, Safata No. 1, Aleipata-Itupa-I-Lalo and Falealupo.

Of the seven by-elections so far, five were triggered on terms agreed upon by M.Ps-elect, all of whom were from the H.R.P.P., requiring them to resign from office and in turn withdrawing the petitions from their rivals.  

Two other by-elections were triggered after elected M.P.s - both from H.R.P.P. - had their elections declared void after being found guilty of bribery following a hearing.

The seats for Aleipata-Itupa-i-Lalo and Sagaga No. 2 are vacant after the elected M.P., Fiugalu Eteuati Eteuati (Aleipata-itupa-I-Lalo) and Seiuli Ueligitone Seiuli were declared void by the Court.