Judge gives A-G’s office, FICAC time to respond
The High Court has given the Attorney-General’s Office and the Fiji Independent Commission against Corruption (FICAC) 21 days to respond to the case of former Member of Parliament, Niko Nawaikula. The ruling was made by Puisne Judge Justice Pita Bulamainaivalu while hearing the matter at the High Court in Suva on Friday. Nawaikula filed for constitutional redress against the two offices, challenging the transfer ruling of his case from the Suva Magistrate’s Court to the High Court.
This was in relation to his imprisonment.
He was convicted on May 3, 2022, for giving false information about
his permanent residence and obtaining a financial advantage.
A legal representative from the A-G’s Office, Yovin Naidu, has asked the court for leave to file a response to Mr Nawaikula’s affidavit.
Mr Naidu said the necessary leave was in line with Section 44, Sub section 4 of the 2013 Constitution which stated the High Court may exercise its discretion not to grant relief in relation to an application or referral made under this section if it considers that an adequate alternative remedy is available to the person concerned.
FICAC lawyer, Joseph Work agreed that they also needed time to file their response.
He said Mr Nawaikula’s appeal was due on March 4.
Mr Nawaikula also sought leave to file an affidavit for the next court hearing, as he had stated in his previous affidavit.
Justice Bulamainaivalu has adjourned the case to March 5, where responses from both lawyers would be filed and a fixed date for the hearing would be given as per the motion.