The general elections were held in Samoa in early April, but the voting count led to a deadlock as both parties, Faatuatua i Le Atua Samoa ua Tasi (FAST) and Human Rights Protection Party (HRPP) won 25 constituents each, leaving independent Tuala Iosefo Ponifasio as kingmaker.
Ponifasio gave his vote to FAST which pushed their seat count up to 26, but HRPP argued it also had 26 seats.
HRPP leader and long-serving Prime Minister Tuila'epa Sailele Malielegaoi cited Samoa's constitution that called for a minimum of 10 per cent of the positions in Parliament to be held by women.
An additional seat was allocated to Aliimalemanu Alofa Tuuau.
In what seemed like mounting support for opposition FAST party, Malielegaoi called for a second election to break the deadlock, with further comments where he said he was "appointed by God" to lead the country.
The judiciary had no bearing on his appointment.
Samoa's Supreme Court ruled the appointment of the additional MP as unconstitutional which gave FAST a one-seat majority to form a government.
The court said the head of state did not have the authority to ask for another election and that the April election results were valid.
Parliament was ordered to convene before Monday, the 45th day after the election.
FAST leader Fiame Naomi Mata'afa told TVNZ Breakfast this morning that the court ruling came after a "very lengthy process" with more issues to confront.
Mata'afa said however that it "cleared the path" toward a final election result.
