Acting Director of Public Prosecutions Nancy Tikoisuva told the Constitution Revision Commission this week that the ODPP is capable of taking over the Fiji Independent Commission Against Corruption’s (FICAC) prosecutorial work, despite operating with heavier workloads and fewer resources. Tikoisuva framed her evidence around significant disparities in funding and staff numbers between the two agencies and warned the commission that FICAC’s combined investigative and prosecutorial mandate raises conflict-of-interest concerns under the 2013 Constitution.
Tikoisuva told commissioners that, since 2023, the ODPP has operated with “more than 50” prosecutors on an annual budget of about $6 million. By contrast, she said FICAC has a budget exceeding $10 million but employs only 14 prosecutors. “There is a disparity in the way that resource has been allocated to the DPP’s office in comparison with FICAC,” she said, noting that the ODPP’s remit covers prosecutions across all areas of law — from minor offences to complex maritime, fisheries, environmental matters and civil forfeiture.
Responding to questions from Constitution Review Committee member Neelesh Goundar, Tikoisuva said the ODPP already has the capacity to absorb FICAC’s prosecutorial functions without compromising its other responsibilities. “Yes, we can still absorb the work of the anti-corruption agency in addition to the additional other work that we do,” she told the committee. She added the office has adopted management measures such as training police prosecutors and regulatory bodies to handle certain matters under ODPP oversight to cope with workload pressures.
While pressing the case for consolidation of prosecutorial functions, Tikoisuva acknowledged FICAC’s investigative strengths. She highlighted that the anti-corruption agency has access to specialist personnel — digital analysts, accountants and experienced investigators — that provide advantages, particularly in serious fraud, asset recovery and complex financial inquiries. “With their resources, they have far more resources in terms of investigative tools as compared to Fiji Police Force, with due respect,” she said.
Tikoisuva warned, however, that FICAC’s dual role of investigating and prosecuting could undermine independent decision‑making, describing the combination as “a very powerful” role that risks conflicts if the same authority oversees both the gathering of evidence and the choice to press charges. “There can be challenges if we do hold that role, if you’re an investigator receiving instructions from the same body that will make the decision in respect of charges,” she told the committee.
Her submissions come as the constitution review panel examines whether existing institutional arrangements adequately safeguard separation of powers and prosecutorial independence. They also arrive amid heightened scrutiny of the DPP’s office after the Attorney‑General recently called on an acting DPP to step aside following legal and appointment disputes. The committee must now weigh Tikoisuva’s claims about resource imbalances and potential conflicts against FICAC’s investigative capabilities as it considers recommending reforms to how corruption investigations and prosecutions are handled.
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