Allan Ebu v. Roy Evara [1983] PNGLR 201 and adopted in Jerry Singirok v.
Ken Fairweather (2014) N5577 and Bede Tomokita v. Dougals Tomuriesa &
Electoral Commission: EP No 28 of 2017 (Unnumbered & Unreported
Judgment of 10**^ January 2018 per Makail J).
14.
In response, the petitioner adopted the definition of a candidate under
Section 3 ofthe Organic Law.
15. It was submitted that the definition of a candidate included a person who,
within three months before the first date of the polling period, announces
himself as a candidate for election as a member of the Parliament: Bryan
Kramer v. Nixon Philip Duban & Electoral Commission (2013)N5213.
16.
The reason for giving the term "candidate" a wide definition will cover
persons who deliberately delay their nominations to commit the offence of
bribery to avoid being penalised.
17.
As to the second aspect, based on the date of 24^^ April 2017 recorded on
Form 23, the respondent contended that it is when the first respondent
nominated.
18.
The Form 23 is an official record of the second respondent and should be
accepted as proof of the date of nomination of the first respondent and no
amount of extrinsic evidence can change or disprove it.
19. In response, the petitioner submitted that the date of nomination of the
first respondent was 2 April 2017.
20. This date is based on the oral evidence of Mrs. Thecla Warpin who said
that she saw and was part of the first respondent's party being escorted in a
convoy of motor vehicles on that date to Gazelle District Office where the first
respondent nominated.
21. I uphold the proposition that a person is a candidate when he has
nominated. My reasons for upholding this proposition is based on the reasons
given in those cases which are sound and need no further explanation.