Former parliamentarian Niko Nawaikula’s appeal against a High Court decision to dismiss his constitutional redress application is set to be heard. The hearing will take place on February 14 of next year, as indicated by Justice Pita Bulamainaivalu during recent proceedings.
Earlier this year, Nawaikula sought constitutional redress regarding a case linked to a magistrate. He alleged that the late former Chief Justice Kamal Kumar directed the magistrate to transfer the case to the High Court, a move he claims was unjust. However, his application was not successful, and Justice Bulamainaivalu ordered him to pay $2,000 to the office of the Attorney-General.
The Fiji Independent Commission Against Corruption (FICAC), which had shown interest in the case, was not awarded any costs due to the specifics surrounding the matter. Justice Bulamainaivalu commented that Nawaikula’s appeal to the Court of Appeal represented an alternative remedy to his action for constitutional redress, which the court deemed an abuse of process.
As the parties prepare for the upcoming hearing, they have been instructed to submit their arguments by the close of business on January 13.
This case highlights the ongoing complexities within legal proceedings and the judicial system. While Nawaikula faces hurdles, the forthcoming hearing provides an opportunity for a thorough examination of the issues at hand, which can contribute to a clearer understanding of the law and its application.
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