American Samoa's high court has ruled that last September's senate decision to expel senator Fa'amausili Pola was unconstitutional.
In its judgement, the court said senator Fa'amausili remains the sitting senator of the Manu'a district number one.
It said the senate had no authority to review the process under which he was selected as senate candidate.
The court also ruled that the senate acted outside the constitution when it held a second vote at the end of September to remove Fa'amausili from the senate permanently.
The ruling means that he has retained all his rights and privileges bestowed on him after he was sworn in in August.