Former Attorney-General Graham Leung and prominent Suva lawyer Richard Naidu have brought attention to a crucial constitutional moment for Fiji, urging the nation’s leadership to swiftly and decisively address pressing legal issues. In a joint statement, they emphasize the necessity for the President to promptly follow the recommendations made by the Judicial Services Commission (JSC) concerning Lavi Rokoika, the acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC). The lawyers stress that this action should be executed unconditionally and without hesitation.
Their remarks arise from a growing recognition that the JSC has recommended Rokoika’s termination, a decision stemming from a High Court ruling issued on February 2. While they understand this recommendation was conveyed to the President earlier this week, they express concern over media reports indicating that the President may have stalled in taking action. It has been alleged that the President demanded compensation for Rokoika before he would consider revoking her appointment.
Leung and Naidu contend that Rokoika’s role as acting Commissioner is temporary, therefore disqualifying her from any entitlement to compensation upon the termination of her appointment. They referenced Sections 81 and 82 of Fiji’s Constitution, which stipulate that the President must exercise executive authority strictly based on the given advice, without the freedom to attach conditions to such recommendations. They caution that if the President is acting on contrary advice, it could be misguided.
The lawyers highlighted the pivotal role of the President as Fiji’s head of state under Section 81 of the Constitution, underscoring that he holds significant executive power, allowing him to appoint the Prime Minister, Cabinet members, and other key public officials. Nevertheless, in a democratic republic like Fiji, such authority must align with the desires of the populace and the directives issued by constitutional bodies like the JSC.
Additionally, Leung and Naidu noted that Rokoika’s ongoing tenure contradicts the High Court’s ruling, which they interpret as declaring her appointment unlawful. They are advocating for Rokoika to resign voluntarily to avert what they describe as a potential constitutional crisis. Meanwhile, inquiries have been made to the President’s Office regarding this developing situation.
This urgent call for decisive leadership not only spotlight the importance of adhering to constitutional mandates but also reflects a broader concern for the integrity of governance in Fiji. Legal experts articulate the need for strict adherence to judicial authority and democratic values as essential for the state’s proper functioning and stability.