PM had no authority in FICAC dismissal, court hears

Former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali’s lawyer strongly challenged the State’s submission that Prime Minister Sitiveni Rabuka had no prerogative to advise the President on Malimali’s removal.

The Civil High Court in Suva was packed this morning with lawyers and supporters eager to hear arguments from representatives of Malimali, the President, the Prime Minister, and the Attorney-General’s Office.

Prime Minister Rabuka made a surprise appearance during the proceedings, quietly taking a seat near the courtroom entrance.

Malimali has filed a judicial review application against three defendants, challenging her dismissal as FICAC Commissioner in May this year.

During submissions, Malimali’s lawyer, Tanya Waqanika, argued that the termination process was unlawful, unfair, and ultra vires (beyond legal authority).

Ms Waqanika told the court that her client was never informed of the allegations against her until she was arrested. Even after the Commission of Inquiry (CoI) concluded its investigation, the revocation letter did not specify the allegations.

She added that Malimali only became aware of CoI Report after it was circulated on social media.

Defence lawyers, Deputy Solicitor-General Iliesa Tuiloma and Simione Valenitabua Jr., countered that Section 82 of the 2013 Constitution gave Mr Rabuka the prerogative to advise President Ratu Naiqama Lalabalavu on Malimali’s appointment and removal.

They argued that the investigation into Malimali was legally justified, as she allegedly withheld key information from the Judicial Service Commission (JSC) and the Legal Practitioners Unit (LPU) during her application for the FICAC Commissioner role.

Justice Dane Tuiqereqere is expected to deliver his ruling on January 23, 2026.