THE Lae District Court has dismissed an election petition challenging the victory of Ward 17 (Wafibampun) councillor in Atzera LLG, Markham District, bringing an end to a protracted legal battle.
The petition, filed by Edward Nayut, sought to nullify the election of the sitting councillor following the 2026 local-level government elections.
However, the court ruled in favour of the declared winner at 10:56am on May 26, 2026, dismissing the case on technical grounds.
According to Morobe Provincial Administration Legal Unit lawyer Greg Guri, the petition failed to meet key legal requirements under Section 208 of the Organic Law on National and Local-Level Government Elections.
“The petitioner failed to comply with the mandatory requirement of providing at least two witnesses and did not clearly specify the reliefs sought under the law,” Mr Guri said.
He further added that the petitioner also failed to comply with the mandatory 40-day filing requirement as stipulated under the District Court Practice Rules 2008 and the National Court Election Petition Rules.
The court found these omissions significant enough to dismiss the matter without proceeding to substantive hearing.
Ward councilors Moxie Zigin was originally declared winner on primary count with 267 votes, ahead of former councillor Kenny Buagan, who secured 97 votes. Other candidates included Richard Andrew with 87 votes, Abi Moses with 46 votes, and petitioner Edward Nayut with 45 votes.
In response to the ruling, the councillor expressed gratitude to supporters in Wafibampun village and across Atzera, acknowledging their continued backing throughout the legal process.
“I sincerely thank my people for their unwavering support. I also acknowledge our church leaders for their prayers and my legal team for their commitment,” Zigin said.
He added that balancing official duties while attending court proceedings had been challenging but remained committed to serving his ward and the wider Atzera community.
The petitioner had named the council president of Atzera LLG, Moxie Zigin, as the first defendant, along with Electoral Commission Manager for Morobe, Simon Soheke, and other parties.
With the case now concluded, the councillor has called on all stakeholders to move forward and focus on development priorities in Atzera.
