Step Down, Nawaikula Urges FICAC’s Malimali

Seasoned lawyer and former parliamentarian, Niko Nawaikula says Barbara Malimali should have done the right and ethical thing and step down.

“The very professional and ethical thing to do is to step aside when there is an accusation or investigation against you, your position or institution on something that directly affect you,” Mr Nawaikula said in a statement on Friday.

“When the Prime Minister appointed the Commission of Inquiry into the legality of the appointment of the Fiji Independent Commission Against Corruption Barbara Malimali, headed by a very emiment judge, Ashton Lewis, he left it to Barbara as a professional to do the needful,” Mr Nawaikula said.

“In other words, the PM was relying on her, as a professional to do what was ethical which is to recuse herself from the position pending the investigation.”

“Just like what Pio Tikoduadua did. It’s a normal and ethical thing to do.”

Mr Nawaikula said the rationale for doing so, was rooted in principles of integrity, impartiality, and the preservation of trust.

“Firstly, when a person is accused or under investigation, their continued presence in a position of power or authority may create a perception (or reality) of a conflict of interest.

“Stepping aside ensures that they do not have the opportunity to influence the investigation’s outcome or hinder the process.

“Secondly, by stepping aside, the person allows for an unbiased, transparent, and fair investigation. It signals that the investigation will not be compromised by undue influence, which strengthens public confidence in the process.

“Thirdly, institutions must maintain public trust and credibility. If an accused person remains in their role, it can damage the institution’s reputation. Stepping aside demonstrates accountability and protects the institution’s image.

“Fourthly, ethical leadership requires people to prioritise fairness, transparency, and justice over personal interests. Stepping aside aligns with the principles of professional ethics, demonstrating a commitment to doing the right thing, even at personal cost.

“Fifthly, investigations can create distractions and operational disruptions. Stepping aside allows the institution or organization to continue its normal functions without unnecessary interference or division.”

He said recusing oneself from holding a position upon a complaint being made against oneself was necessary in politics, corporate governance, and other professional settings where ethical conduct and public confidence are paramount.

“You don’t have to be a rocket scientist to understand that. Barbra has not ethically recused herself. Her friends and colleagues are not helping or supporting her by supporting her not to ethically recuse.”

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