Former parliamentarian Niko Nawaikula’s appeal concerning the High Court’s decision to dismiss his constitutional redress application has been scheduled for a hearing. The case was presented before Justice Pita Bulamainaivalu.
Earlier this year, Mr. Nawaikula pursued constitutional redress in a matter related to a magistrate’s actions. He alleged that the late former chief justice, Kamal Kumar, improperly directed the magistrate to transfer the case to the High Court, which Mr. Nawaikula argued was unjust. However, his application was denied, and Justice Bulamainaivalu ordered Mr. Nawaikula to pay $2,000 to the Attorney-General’s office. The Fiji Independent Commission Against Corruption (FICAC), participating as an interested party, was not granted costs due to the particulars of the case.
In his ruling, Justice Bulamainaivalu stated that Mr. Nawaikula’s appeal to the Court of Appeal represented alternative remedies to his initial constitutional redress claim and constituted an abuse of the court’s process. The hearing for the appeal is set to start on February 14 next year, with all parties required to submit their filings by January 13.
This case highlights ongoing legal battles and the complexities within the judicial process, with the upcoming hearing expected to further clarify the issues at hand. As Mr. Nawaikula proceeds with his appeal, it reflects a commitment to pursuing justice, which is an essential component of any democratic society. Hope remains that the resolution of this case will bring clarity and uphold the principles of fairness in the legal system.
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