Yap legislature sues governor Falan; challenges emergency declaration

Yap state flag (PNC file photo)

The Tenth State Legislature has sued Yap Governor Henry Falan, challenging his state of emergency declaration for Yap issued on March 27 in response to the COVID-19 pandemic.

The petition for declaratory judgment filed in the State Court of Yap questions the “interpretation of certain provisions of the Yap State Constitution” as they relate to the emergency declaration, which was valid for 30 days and expired on April 26.

The Yap Attorney General’s Office has 30 days to respond to the petition, according to a story by the Pacific Island Times.

Yap is included in the national emergency declaration issued by FSM President David Panuelo on Jan. 31.

Falan’s March 27 state of emergency declaration was recommended and approved by the legislature.

The complaint was filed  after the Governor filed an extension of emergency declaration in late April, which was disputed via a resolution filed by the Tenth Legislature.

According to the legislative resolution, the Governor had no basis for extending the declaration.