PM Must Act within Constitution to End COI Speculation: Sayed-Khaiyum

Former Attorney-General Aiyaz Sayed-Khaiyum says the continued non-disclosure of the Commission of Inquiry (COI) report is fueling nationwide speculation and threatening the credibility of constitutional governance in Fiji.

In a Facebook post, Sayed-Khaiyum said the prolonged non-availability of the report to the public has sparked widespread theories about who is implicated, who may be protected, and who could be made a scapegoat.

“These discussions are happening all over our country—in boardrooms, markets, farms, and around the grog bowl,” he said.

He warned that the situation is creating serious issues around the rule of law, due process, transparency, and constitutionalism, while also becoming a “headache” for the coalition government.

Sayed-Khaiyum alleged that certain decisions have been made or acted upon by those not legally empowered to do so, including the Prime Minister and the President.

“It appears that Prime Minister Sitiveni Rabuka and his team think they are in a legal conundrum, and that is why these illegal steps are being taken,” he said.

However, the former AG said there is a lawful way forward.

He pointed to the Prime Minister’s recent decision to dismiss Attorney-General Graham Leung and appoint Siromi Turaga in his place—an action Sayed-Khaiyum acknowledged is within the Prime Minister’s legal and constitutional authority.

But he said the same does not apply to actions involving FICAC leadership or judicial appointments.

“The Prime Minister is not empowered to recommend to the President the suspension or termination of the Commissioner or Deputy Commissioner of FICAC, nor can he appoint a Magistrate. Only the Judicial Services Commission (JSC) can make those recommendations,” he said.

Sayed-Khaiyum claims that public speculation is growing that the COI report contains adverse findings against the Chief Justice, who chairs the JSC—suggesting that this could be why the Prime Minister is acting outside of proper channels.

From a legal and constitutional perspective, he said, the prime minister cannot bypass the JSC, and doing so undermines due process and the rule of law.

Instead, Sayed-Khaiyum advised that the Prime Minister should invoke Section 111 of the Constitution, which gives him the authority to recommend the suspension of the Chief Justice, pending an investigation and tribunal process.

“This is something the prime minister can legally do—just as was done in the case of the now late Chief Justice Kamal Kumar,” he said.

He added that the prime minister could, in consultation with the new AG, also recommend the appointment of an acting chief justice while a tribunal considers the matter.

Sayed-Khaiyum argued that following this lawful route would restore public confidence, stop the growing speculation, and allow governance institutions to function independently—particularly the JSC in handling FICAC and judicial appointments.

“In doing all this, Prime Minister Sitiveni Rabuka would be decisively ending the massive speculation and rumor-mongering that is consuming our country,” he said.

“He will be seen as a leader who, despite making mistakes, is ultimately strong enough to do what is right, legal, and constitutional.”