Nawaikula files civil claim against the Supervisor of Elections

SODELPA MP, Niko Nawaikula has filed a civil claim against the Supervisor of Elections Mohammed Saneem.

The claim relates to the wrongful and unlawful decision of the Supervisor of Elections to remove Nawaikula’s name from the Electoral National Register of Voters.

As a result, Nawaikula’s seat in parliament became vacant.

The SODELPA MP claims that the Supervisor of Elections exercised his constitutional and statutory powers wrongfully and negligently.

The constitutional power is derived from the 2013 Constitution and the statutory powers are derived from the Electoral Act 2014, the Electoral (Registration of Voters) Act 2012 and the Electoral (Registration of Voters)(Amendment) Act 2021.

The claim is against Saneem for the wrongful and negligent exercise of his powers and functions as a public officer.

Since the Supervisor of Elections was exercising his powers and functions as a public officer, the Attorney-General has also been made a party to the civil action in accordance with the State Proceedings Act.

The proceeding now instituted by Nawaikula is usually used specifically against public officers.

The Supervisor of Elections is a public officer as provided for by the Constitution.

Public officers may be sued for their wrongful and negligent exercise of powers and functions through the same proceeding Nawaikula has now instituted.