How Did He Assume Executive Authority?

The High Court should determine how Army Commander Commodore Frank Bainimarama assumed executive authority and became the President in December 2006.

The lawyer for ousted Prime Minister Laisenia Qarase, Queens Counsel Nye Perram, said Commodore Bainimarama made a declaration of a State of Emergency in Fiji on December 5th 2006 and signed it off as the Army Commander and a day later the exact declaration was made again but Commodore Bainimarama signed off as the President.

Perram said there is no section in the constitution that allowed the Commander to remove the President and assume the role of the Head of State.

Perram then questioned whether Commodore Bainimarama had any constitutional right to appoint a Caretaker Prime Minister.

Qarase's lawyer also questioned the decree signed by Bainimarama which formalized the appointment of the Caretaker PM where it said and Fijivillage quotes "by the powers vested upon me under the constitution".

Perram again questioned under which section of the constitution could Bainimarama do that.

He then spoke about the appointment of the interim ministers. Perram said if the judges determine that Bainimarama - sometimes President and now Prime Minister is not the Prime Minister, then all the appointments of the interim ministers would fail.

He stressed that they are not seeking from the court to review the decisions of President Ratu Josefa Iloilo following December 5th 2006 but the court to determine whether there are such powers vested upon him under the Constitution.

Nye Perram stressed that there are no powers under the constitution which allowed the Commander to carry out a coup, appoint himself as President of Fiji and appoint a caretaker Prime Minister and there are no powers vested upon the President to appoint a Prime Minister from outside parliament.

The case continues before High Court judges, Justice Anthony Gates, Justice John Byrne and Justice Davendra Pathik.