Prasad, Waqanika challenge FICAC’s prosecution powers

Two separate applications challenging the Fiji Independent Commission Against Corruption’s (FICAC) authority to prosecute alleged breaches of the Political Parties Act 2013 will be heard at the High Court in Suva next Friday.

Former Deputy Prime Minister Biman Prasad and lawyer Tanya Waqanika appeared before Justice Thushara Rajasinghe today to challenge the interpretation of the FICAC Act 2007 and the Political Parties Act.

Both are seeking stays of their criminal proceedings, arguing that FICAC lacks the legal authority to investigate and prosecute the alleged offences.

Prasad’s application

Prasad is seeking a permanent stay of his prosecution and an urgent temporary stay of proceedings in the Suva Magistrate Court.

FICAC charged him on October 23, 2025, over alleged breaches of disclosure requirements under the Political Parties Act. An alternative charge alleges that he provided false information in a statutory declaration.

The charge was amended on August 12 this year.

Prasad argues that FICAC lacked the legal authority to investigate and prosecute the amended charges. He contends that continuing the case would amount to an abuse of the court process.

Waqanika’s application

Waqanika is also seeking a stay of her prosecution, arguing that FICAC is not legally empowered to investigate and prosecute alleged offences under the Political Parties Act.

She said the issue arose while her legal team was following Prasad’s separate case. Evidence given by a FICAC investigator prompted her lawyers to question the commission’s authority.

Waqanika argues that neither the FICAC Act nor the Political Parties Act gives the commission the statutory powers required to pursue the charge against her. She also claims that continuing the prosecution would breach her constitutional right to a fair trial.

Her trial was due to begin on Wednesday, but she applied to the High Court to address the jurisdictional issue.