Niko Nawaikula reinstated as Member of Parliament

Chief Justice Kamal Kumar has ruled that Niko Nawaikula is to be reinstated as a Member of Parliament from 23rd July, 2021.

Chief Justice Kumar has also ruled that Nawaikula be reinstated in the National Register of Voters.

He has ruled that Supervisor of Elections, Mohammed Saneem’s earlier decision is null and void.

Nawaikula had challenged the validity of his parliamentary seat becoming vacant.

While delivering the judgement, Chief Justice Kumar says the name on Nawaikula’s birth certificate is Nikolau Tuiqamea but he has been using the surname Nawaikula since he was a child.

Chief Justice Kumar says Nawaikula was not legally required to provide his name on his birth certificate to be registered as a voter.

He adds that Nawaikula had provided his driver’s license while registering which was accepted by the registering officer.

Nawaikula gave affidavit evidence that he has used and is known by the surname "Nawaikula" from his childhood through to primary school, secondary school, university and his election to Parliament in 2014 and 2018. He has been on the National Register of Voters by that name.

Chief Justice Kumar says it is the duty of the Supervisor of Elections to implement the law and not to enact it. He says the law does not require use of birth certificate names, and allows use of names other than the birth certificate name.

The Chief Justice says the policies of the Fijian Elections Office has to be in line with the law.

He ruled that the Supervisor’s actions in removing Nawaikula’s name from the Register of Voters is unlawful and wrongful.

One of Nawaikula’s lawyers, Jon Apted had argued that the Supervisor of Elections was wrong in law.

Nawaikula was represented by Apted, Graham Leung and Sevuloni Valenitabua.

They pointed out the Electoral Registration Act did not say that the birth certificate name was to be provided and the registration forms approved by the Electoral Commission did not say that you have to use the birth certificate name and Nawaikula had answered the questions on the form truthfully.

Apted adds they said the name that should be provided by voters depended on the law and the policy set by the Electoral Commission, and not the Supervisor of Elections.

Apted says they also pointed out that the Supervisor of Elections had allowed thousands of others to correct their details on the Register but had struck Nawaukula’s name off instead of simply correcting his name.

Solicitor General, Sharvada Sharma had said in his submission that the Supervisor of Elections was justified in his action to strike Nawaikula’s name from the National Register of Voters because he provided incorrect information to the Fijian Elections Office.