Former Attorney-General Graham Leung and well-known Suva lawyer Richard Naidu have issued a critical warning regarding the constitutional situation in Fiji, emphasizing the urgent need for clarity from the nation’s leaders on key issues. In a joint statement, they urged the President to act decisively on the recommendations from the Judicial Services Commission (JSC) concerning Lavi Rokoika, the acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC). They insist that such action must be taken unconditionally and without delay.
The lawyers highlighted that the JSC has recommended Rokoika’s termination based on a High Court judgment from February 2, which reportedly confirms that her appointment lacked legality. They understand this recommendation was communicated to the President earlier this week but have noted through media reports that the President appears to be hesitating to follow through.
Leung and Naidu have raised concerns regarding the President’s alleged stipulation for Rokoika to receive compensation before revoking her appointment. They underscored that as an acting Commissioner with a temporary position, Rokoika is not entitled to any compensation following the end of her appointment, asserting that the President is bound by Sections 81 and 82 of the Constitution to act on the JSC’s advice without imposing additional conditions.
The statement emphasizes that the President, as the head of state, wields significant power—a responsibility highlighted under Section 81 of the Constitution, which mandates that these powers be exercised on the advice of constitutional entities like the JSC. Leung and Naidu contend that if the President is receiving contrary advice, it may be misguided.
Highlighting the ramifications of Rokoika’s continued tenure despite the ruling, they suggest it could lead to a constitutional crisis, asserting that the most honorable action for Rokoika would be to resign. This would help mitigate further complications in Fiji’s governance.
A request for comments has been directed to the President’s Office. As the situation develops, the legal and constitutional integrity of Fiji remains in the spotlight, urging leadership to uphold democratic principles and respect for judicial rulings.
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