Deputy Prime Minister’s Seat Voided in Bribery Ruling

2026-03-24 - 06:14

By Staff Writer Apia, Samoa —In a decision that has sent shockwaves through Samoa’s political landscape, the Electoral Court has voided the parliamentary seat of the Deputy Prime Minister, Toelupe Poumulinuku Onesemo, after finding that bribery occurred during the 2025 General Election. The ruling, delivered in a reserved judgment on Tuesday, centers on a single $150 payment made to a voter on the eve of polling — a transaction the Court found to be enough to overturn the entire election. Citing the Electoral Act 2019, the Court made clear that even one proven act of bribery strikes at the heart of democratic integrity and cannot be overlooked. The case was brought by Tuiloma Tusa Laniselota Lameko, who challenged the Falealili 1 election result. Although the petition initially contained several allegations, most fell away after witnesses failed to appear, leaving the Court to decide on one key claim. That claim proved decisive. The Court found that on the night before the election, Leapaga Petelo, acting as an agent of Mr Onesemo, visited voter Malili Nofovaega at around 11 p.m. and handed him $150. The payment, accompanied by the words “tautuana lau palota,” was understood as a direct appeal for electoral support. Sworn evidence from Mr Nofovaega, supported by his wife Faamotuletia Seu and corroborated by independent voter Leapagatele Alema, painted a consistent picture that the Court ultimately accepted beyond reasonable doubt. Notably, despite dozens of witnesses being subpoenaed, only one appeared in court, and the Respondent neither gave evidence nor challenged the testimony presented. A critical issue was whether Mr Petelo’s actions could be linked to the Deputy Prime Minister. The Court answered firmly in the affirmative, ruling that agency in electoral law extends beyond formal titles. It found that Mr Petelo’s active role in canvassing support, organizing meetings, and working closely with the campaign made him an agent by implication — and therefore his actions were legally attributable to Mr Onesemo. With that, the Court concluded that bribery had been proven. The consequences were immediate and decisive: the Deputy Prime Minister’s election was declared void, his counter-petition dismissed, and both parties ordered to bear their own legal costs. Beyond the individuals involved, the Court used the moment to deliver a broader message — one that underscores the stakes of the ruling. Electoral petitions, it said, are not private battles but public interest proceedings designed to protect the integrity of Samoa’s democracy. And in a line likely to resonate far beyond the courtroom, the Court reaffirmed that no one, regardless of power or position, is above the law.