Pohnpei Traditional Leaders take PNI State Government to Court



  • Like I said, Mwoalen Wahu power is subdued in every corner with respect to defecting anyone from his or her government or his land or properties. Look at your land ownership certificate. It is clearly stated that you are the sole ownership and no one can take your land from you without justification under the current law. I can live and enjoy my property without fear of anyone not even my namwarki. So where in the whole world comes with an idea that our local system still hold such power?
  • Who's Mwoalen Wahu's lawyer?
  • M&M
    That is how ridiculous this Office of Fisheries and Wildlife is, Malakai appears to be one of its scientist, gathered from the testimonies he has put out to the public and the court. For the record, he is not a real scientist. lol

    Contrary to Microspring's lawyerly opinion, the Court today issued a TRO enjoining the defendants from proceeding with any harvest until the Injunction hearing is heard, August 3, I believe. This is a major setback for the Gov and State Gov't as the Court Opinion sided with Mwoalen Wahu, CSP, and pretty much the majority of the people of this great State. Judging from what I read in the opinion, it is highly likely that the injunction will be granted.

    Mwoalen Wahu's lawyers are Kasio (Kempo) Mida Jr. and David Angyal of Mida and Ramp Law Firm. State is represented by AG and Assistant AG Pangelinan. Chinese company is represented by Martin Jano and Joe Phillip. Martin Jano's appearance request was denied because of his criminal record.
  • I agree that Mwoalen Wahu no longer sway much power as it once did, but we should all be thankful that it stepped up for the people when Pohnpei needed it most and deliver. The Judge in this case is Justice Maceleen David Anson, who has a daughter or niece married to the Governor's brother.
  • As I pointed out numerous times, there never was a scientific assessment made by SPC. The report OFA adamantly claims to be a scientific report is determined by the court to be a guideline by which a specific management plan would be developed. This is convincing proof that we have incompetents running OFA and the Government. Shameful, but this is reality.
  • Nahnihd, I will read the file and the order and give my thoughts. I did say that I did not have the full facts. Either way, I did say also that I support what is best for Pohnpei's ecology. Also TRO is hardly a resolution to injunctive issues. Preliminary injunction or permanent injunction is where the fat lady really sings. So don't count your eggs yet. Again, if the movants do present a viable case, the preliminary injunction will issue and mostly likely a decision on its merits for the movants. Let's wait and see.
  • The Pohnpei State Government never cared or worries about the environment. That is clear. Now they are showing they also don care about the people.
  • yes,but they forgot who put them into power..shhh..tsk,tsk..soje mwahu...smh
  • Can someone with knowledge on the case provide any updates, if there are any at this point?
  • The TRO was ostensibly issued but preliminary injunction hearing is set for August 3 at 2 p.m. Rule 65(a) says that preliminary injunction motions are treated as "mini-trials" because the record of that proceeding may be used in lieu or in aid of trial on the merits. August 3 is when and where things really matter. This is were the government will show whey the law is constitutional and did not violate its duties in protecting the resources of Pohnpei when it enacted the law while the interest group must show standing again (the right to sue on behalf of Pohnpei and this test is usually achieved by being a taxpayer, members of the group who are affected by the law in some manner, etc.) and the merit of their case which is that Pohnpei Legislature made a bad law that is bad for the ecology. Why doesn't Mwoalen Wahu do something about the Uht Proliferation and the deceases that it give us.
  • edited July 2016
    Here is my farmer's opinion on the upcoming Injunction hearing. The Court will grant the injunction and set a timeline for all parties to submit a proper assessment of the cucumber population and provide a sustainable management plan as mandated by the law. Could be 3 months to 6 months time frame, depending on the parties' concurrence. You see, the law calls for a management plan to be in place prior to any harvest. This is clearly a requirement to safeguard against the over-exploitation of this important natural resource. It is quite clear that OFA lacks technical expertise to conduct a thorough study on this matter and I foresee CSP playing a critical role in assisting and eventually formulating a management plan that would be sustainable. Should the parties fail to comply with order, then a permanent injunction will follow.

    Meanwhile all Municipalities would have, by then, enacted their own laws banning direct harvest. The State may decide to take the Municipal Governments to Court and more infighting between the Government and the people will ensue. Nevertheless, most people are already fed up this the management style of the Administration and may very well take action to remove the Governor from office. The Legislature can do everyone a favor by just repealing the law. However, like the Executive Branch, they too re fear a supposed $2.3 Million Dollar lawsuit that the company threatens to lodge, according to sources. I see the legal arm of the State Government to be very weak, lacking qualified legal minds to advise the State. Hence, this matter may last a while.

    The study itself will reveal that the direct harvest will devastate the ecology, hence farming will be the only alternate option. The people will be happy, the government looks incompetent and the Chinese company will be reminded that their business is not welcomed.

    This episode will go down in our history as a time people finally realized that elected officials are public servants whose main duty is to carry out the will of the people, but not their own interest.
  • Thanks Nanihd.
  • The amount of $2.3 million is a huge amount of money, especially for the island governments in the FSM. However, there are ways to raise this money. Of far more importance is the adverse impact on the environment and the long-term damage an irresponsible harvest of natural resources such as this sea cucumber will have on Pohnpei and the people.

    Pohnpei will be wise to stop this harvest and pay this amount. In the long run, Pohnpei will be better off paying the $2.3 million than to continue the harvest now, or any harvest in the future.

    The people of Pohnpei would have won the battle against the greed of the Chinese.
  • Thank you all for your contributions. I think both the plaintiff and defendant's legal people did a great job in court in upholding their client's position. My personal observation is directed at the Judge. She seems confused and incompetent to hear this case. There were several very obvious motions by the defendant that she denied without lawful cause. Not withstanding the fact that her niece is married to the Gov's brother? WTF! FSM Chief Justice Manase could not hear this case because his wife's sister is the PNI State assistant AG, Justice Beauleen Carl could not hear this case also because of family relations to Ricky Carl? who is a board member of CSP? Then, what makes justice David eligible?

    I can already see a charge of conflict of interest on the minds of the defendants. How silly can we get. Dayum.
  • that's maybe because she doesn't know which side she can be on..
  • nansokele, please don't bash the judge because she packs a punch on knowledge more than you know. She is very competent and I know for a fact. She is more than qualified to decide the matter based on the facts and the law. She is not confused because this is not a complex litigation. Please focus on the issues because the judge is doing her part and will do her part well next week when the case goes on the merits.
  • The problem is we kept on put them incompetent people on the leadership bench to lead our states and nation. So, let's get real folks smell the fish. We are trying to point one finger to someone to be blamed in this matter or any other matters instigated public awareness. But we forgot that four fingers pointing to us. The bottom until we crushes our old way of thinking without fear of losing face or traditional title or whatsoever, we will continue the trail of failure till this system we tightly gripped drops.
  • ssearcher1, did you just call our leaders incompetent? How dare you? You may believe that you're better than they are but know it that as long as they are the people's choice, they deserved some respect. They are chosen from above.
  • Thank you kinen. I believe respect starts from the bottom to the top not the other way around. And we need to say things to make them chill so that they can do better that is if they really care about those who have respected them and put them up there. True that God may gave them the opportunity to be our leader. But, as far as God's desire for leaders, He makes people to become leaders but He also demote and/or removed them like many in the bible who turned their back on God and didn't do what they supposed to do or at expected from their constituents. The bottom line is, if they can't do a good job, they should calmly step down and allow other people who might be willing to sacrifice and able to do what they (current leaders) could not. And if my calling is too hurting, then I take my calling out. Thank kinen and I hope you would understand my frustration as a human which alluded me to get on the road of despair.
  • So ssearcher1, you believe in the bottom up thing, then do it. No your "calling" didn't hurt me a bit. I thought I would just put things in proper perspectives. You know the way to heal frustration and despair. Not that way. Not in here, kilisou.
  • Thanks kinen. If my small brain understanding is close enough, are you suggesting that I or anyone who comes in here should not raise their thoughts about what they think causing and should be taken to fix any concerns or issues we are bloating on this medium? If that is what everyone is going to do then, I am 100% with you would only come in here and share positive things I see and feel about our government actions and leave the concerns or frustrations out. Is that it? please enlightened because honestly I kind of confuse right now after reading your feed back or comment. Thanks
  • You are a free person ssearcher1. Just be respectful to your leaders who were selected by the majority.
  • edited July 2016
    So much gibberish. YOU voted them in. Deal with it. So much nonsense in here nowadays. Oh and about the Mwoalen Wahu impeaching the Governor, LMAO!! Are you serious? What are you? 5 years old. Please...
  • edited July 2016

    In all democratic forms of government people have the right to voice their concerns, whether through protests, debates, community discussions, etc., it is an acceptable form of conveying the prevailing view to the government. What you are suggesting is that we keep quiet and accept whatever decision the leaders decide. While I commend you for standing up for our leaders, you have to accept that some of us want to exercise our right under the Constitution, right to speak freely. The fact that we voted them in gives us all the reason to express our dissatisfaction freely without fear of retribution, let alone repercussion from you.

    You and I both know that the only body capable of impeaching the Governor is the Legislature, so rest assured we know the confines of our expressions. Lastly, I responded to you directly for the simple fact that you want to silence this discussion. Worst, you want us to just deal with whatever decision he makes, Let me be the first to tell you that I value, and so should every Pohnpeian, our right to express ourselves. Now, whether you find that nonsense or gibberish that is your own opinion. Let me ask you this simple question. What makes the filing of the TRO a nonsense, better yet what makes the SC debate a nonsense? I will await your response,
  • Why are people so bend outta shape over a temp sea cucumber harvest. I was told by an insider that the harvest is only a feasibility test. Who knows maybe he just wanted more kava on my ticket.
  • that is because it is in pohnpeian's nature to do this kind of thing....
  • If we find that the leaders we elected to lead incapable of doing what is and was expected of them, at least they should be man and woman enough to feel the burn and step down and away and let those who may and/or willing to do what they could not. I totally agree with Nahnihd for elaborating the main core of democracy ways of doing things. Apweia eh ohloko?
  • Nahnihd, I truly appreciate your persistence on this issue. Your input on this matter has been extremely informative for people like myself. I'll also suggest that you avoid indulging yourself into comments from ignorant people that tend to sway our attention away from the significant nature of matters such as the government's poor decisions, namely on the SC harvest. Masakala delemwi.
  • agree thanks greenfin. oh just learn a new fin today is green. lol!
  • lol. ssearcher1, komw kupwure ien iang mahs apehne sapwelimamwail wasahn wie lamalama et. My interest and purpose on this forum are to learn and also contribute to environment and natural resource related issues. I'm also an aficionado on marine science and biology. I do not call myself an expert or a scientist like they have at OFA. lol. So hence, "greenfin". Ni wahu.
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