By Fuimaono Dylan Asafo*
It was reported that the counsel for the incumbent Human Rights Protection Party (HRPP), Aumua Ming Leung Wai, seeks to justify that declaration, by arguing the call for fresh elections was lawful because they were exercising their 'reserve powers'.
The Attorney General is also likely to make the same argument, and they have indicated that they are likely to engage the services of a Queen's Counsel (a foreign lawyer whose work has been given special acknowledgement by the British Crown) to act or advise on the matter.
In my view, this argument should be rejected, because the Head of State does not have any 'reserve powers'.