The case the new Coalition is pursuing against the Government is a “futile exercise,” Solomon Islands Attorney General John Muria Jnr says.
He said this is one of the main reasons he is applying to have the case struck out when the court resumes on Friday.
The matter was scheduled for hearing Wednesday, but Chief Justice Palmer adjourned it to Friday to give lawyers time to prepare for both the strike-out application and the main claim.
“This case has no reasonable cause of action,” Muria told reporters outside the court in Honiara.
“It’s basically a futile exercise,” he added.
“Furthermore, it has not followed due process and the law.”
The new Coalition, which claims the support of 28 of the 50 Members of Parliament, filed the case two weeks ago to compel Prime Minister Jeremiah Manele to immediately convene Parliament.
This followed the resignation of 19 MPs, including 12 ministers, who joined the Opposition and Independent Group.
Prime Minister Manele has refused to call Parliament despite leading a minority government, prompting the new Coalition to take legal action.
Muria had earlier applied to the High Court to order the claimants to each pay $30,000 (US$3,726) in court security before the proceedings could begin. However, Sir Albert rejected the application, stating that the balance of justice did not favour imposing such a requirement.
One of the lawyers for the new Coalition, Gabriel Suri, said they will challenge the strike-out application in court on Friday.
He said that although the matter arose from a political situation, there are legal issues the court must determine.
The new Coalition has argued that Manele is “avoiding accountability” by failing to advise the Governor-General to summon Parliament.
They further argue that the legal action is about upholding the rule of law.
Friday’s hearing is scheduled to begin at 10am Honiara Time.
