PNG Governor Bird Challenges Constitutional Amendment in Supreme Court
Papua New Guinea East Sepik Governor Hon. Allan Bird has filed a Section 18 Supreme Court application challenging the Marape Government’s recent constitutional amendment to Section 145(5), which he claims is unconstitutional and undermines democratic principles.
Governor Bird served the application in response to the government’s controversial amendment passed in March 2025. The amendment introduces an 18-month grace period that would prevent Parliament from moving another vote of no confidence against the Prime Minister if a prior motion fails. If the Opposition's upcoming vote of no confidence fails, Prime Minister James Marape would be shielded from further challenges until the 2027 General Election.
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| PNG Governor Bird Challenges Constitutional Amendment in Supreme Court |
Bird contends that the amendment is unconstitutional and should be struck down. He argued it breaches several sections of the Constitution, including Section 50, which protects political rights; Section 111, relating to parliamentary privileges; Section 114, on voting rights in Parliament; Section 115, concerning freedom of debate; and Section 141, which ensures the Executive Government remains accountable to Parliament and the people.
The Governor also cited key legal precedents, including the Special Reference by Fly River Provincial Executive Council and Nama v O’Neill, to argue that any constitutional amendment that is inconsistent with existing provisions must be declared invalid and ineffective.
Bird stated that he does not often resort to legal action but felt compelled to act given the seriousness of the matter. He described the Constitution as a sacred national document crafted by fore-leaders and expressed concern over what he called its repeated tampering for personal and political gain.
Governor Bird emphasized that his legal challenge aims to protect the integrity of the Constitution and ensure it is not used to serve individual political interests. He noted the case has the support of the Opposition and pledged to keep the public informed as it progresses through the courts.
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