Being ruled guilty of engaging in corrupt electoral practices, Samoa‘s Deputy Prime Minister and Member of Parliament for Falealili I, Toelupe Maoiautele Pou Onesemo, has lost his seat in parliament after the Samoa Electoral Court followed through with a landmark decision with far-reaching legal consequences. The court’s decision on 24 March 2026 canceled his election and will lead to a new vote in his area.
Satiu Simativa Perese, as Chief Justice, and Justice Leiataualesa Daryl Clarke, who were in charge along with the entire court, identified that Toelupe had been involved in a bribery scheme during the 2025 general election, which meant that he had breached the Electoral Act 2019. One of the main parts of the court’s decision was statements from two voters who said they were given 150 tala (about US $54) by someone else the night before the election to influence their votes. Even though the couple could not be present in person to testify, their written affidavits were accepted and considered by the court, along with their credible evidence, proving that Toelupe’s legal team had failed to present any challenge or objections to those claims.
Importantly, the affidavits did not directly implicate Toelupe himself, but rather a third party acting on his behalf. Nevertheless, the court ruled that because the money was distributed to sway voter behavior, the candidate was responsible for the corrupt act. Under Section 116 of the Electoral Act, the finding of bribery automatically nullifies the election result.
Due to a telephone recording submitted during the court proceedings, the case attracted a tremendous amount of public attention. Provided by a member of the opposition Human Rights Protection Party (HRPP), the recording allegedly captured an offer of 100,000 tala (US $363) in exchange for taking back the initial bribery complaint. These allegations further complicated the contentious dispute.
Toelupe had served not only as Deputy Prime Minister but also as Minister for Works, Transport, and Infrastructure, making his removal a significant moment in Samoa’s post-election landscape. Constituents in Falealili I now prepare for a by-election, while observers note that this ruling could influence how future electoral petitions and affidavits are treated in Samoa’s legal system.
