Waqanika challenges FICAC’s authority to prosecute her
The lawyer has filed a High Court application challenging FICAC’s jurisdiction, prompting the court to vacate her trial.
Tuesday 13 October 2026 | 15:00
Updated 13 October 2026 | 16:57 FJT
Lawyer Tanya Waqanika outside court on October 13, 2026.
Photo: Ronald Kumar
Lawyer Tanya Waqanika’s trial has been put on hold as she challenges the Fiji Independent Commission Against Corruption’s (FICAC) authority to prosecute her.
The challenge was raised before Magistrate Yogesh Prasad at the High Court in Suva this morning.
Defence lawyer Barbara Malimali confirmed that an application for a permanent stay of the charges had been filed in court.
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Ms Malimali told the court the application raised questions about FICAC’s jurisdiction, similar to those raised in the case involving former Deputy Prime Minister Biman Prasad.
The defence is challenging whether FICAC has the legal authority to investigate and prosecute the alleged offence under Section 2A(a)–(l) of the FICAC Act.
Ms Malimali specifically referred to Section 2A(c), which covers offences involving corrupt or illegal conduct relating to elections.
She said the defence had filed a motion and supporting affidavit with the High Court Civil Registry and had been advised that a hearing date was expected to be allocated yesterday afternoon.
The central issue, she said, was whether FICAC had the authority under electoral law to prosecute Waqanika.
A lawyer representing FICAC confirmed that the commission had received correspondence from Waqanika Law advising it of the intended High Court application.
The lawyer also confirmed receipt of the Notice of Motion and acknowledged that the challenge concerned FICAC’s jurisdiction.
Following the development, Waqanika’s trial was vacated and the matter adjourned to November 2 for a new trial date to be fixed.
Waqanika faces one count of publicly indicating opposition to a political party.
The charge relates to an allegation that she publicly expressed opposition to the Social Democratic Liberal Party (SODELPA) on or about April 19, 2024.
It is alleged that the offence occurred while she was a public officer and served on the boards of Investment Fiji and Telecom Fiji Limited.
The allegations have yet to be determined by the court.
