Neither of the parties involved in the appeal by former parliamentarian Niko Nawaikula attended the recent court session where Justice Pita Bulamainaivalu presided. Nawaikula, a former member of the SODELPA party, had his case brought before the Suva court, but both he and representatives from the Attorney-General’s office, as well as the Fiji Independent Commission Against Corruption (FICAC), were absent.
Due to this absence, Justice Bulamainaivalu indicated that a notice for an adjourned hearing would be issued. Earlier this year, Nawaikula filed for constitutional redress regarding a matter involving a magistrate, alleging that the late former chief justice, Kamal Kumar, improperly instructed the magistrate to move the case to the High Court. However, his redress application had been dismissed, resulting in a ruling that required Nawaikula to pay $2000 to the Attorney-General’s office, while FICAC was not allocated any costs.
Justice Bulamainaivalu commented that Nawaikula’s appeal to the Court of Appeal provided sufficient alternative remedies, deeming the constitutional redress action an abuse of the court process. The case has been rescheduled for November 29.
This situation highlights the complexities and procedural nuances of the legal system, particularly regarding appeals and constitutional matters. While such circumstances may seem discouraging for the parties involved, they serve as an important reminder of the necessity of adherence to court protocols and the pursuit of justice through appropriate channels. As the case moves forward, it presents an opportunity for Nawaikula to further clarify his position and seek resolution in a structured legal framework.
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