Niko Nawaikula’s parliamentary seat now vacant

SODELPA MP Niko Nawaikula’s seat in Parliament is now vacant.

Nawaikula has posted on his Twitter page that he has received a letter from the Speaker of Parliament, Ratu Epeli Nailatikau informing him of the decision.

The letter states that Ratu Epeli received a letter from the Supervisor of Elections on 20th July to inform Parliament that Nawaikula’s name has been removed from the National Register of Voters pursuant to Section 12 of the Electoral (Registrations of Voters ) Act 2012.

The letter states that under the Fijian Constitution, the seat of a member of Parliament becomes vacant if the member ceases to have the right to be nominated as a candidate for election to Parliament.

It further says that the Constitution provides that a person may be a candidate for election to Parliament on if the person is registered on the Register.

This means that a seat in Parliament becomes vacant if an MP who holds the seat ceases to have the right to be nominated as a candidate to Parliament and the MP ceases to have that right when he or she is inter alia, not registered on the Register.

The letter states that as such, on account of the removal of Nawaikula’s name from the Register and given the operation of Sections 63 (1)(d) and 56 (2) (b) of the Constitution, Nawaikula’s seat as an MP is now vacant.

Nawaikula has 7 days to make an application to the Court of Disputed Returns should he seek to question or challenge the validity of his seat becoming vacant.

Nawaikula says he has contacted his lawyer.

Nawaikula was referred to FICAC for investigation by the Fijian Elections Office last month.

The issue was referred to FICAC on the 6th of June and it was to investigate whether Nawaikula provided a false declaration to a registration official when he made an application to replace his VoterCard on 22nd June 2017.

The Fijian Elections Office had said this matter is being reported in light of Nawaikula’s statement in Parliament mentioning that his name is not correct on the VoterCard.

While making his contribution on the Bill to Amend the Electoral Registration of Voters Act which was passed in parliament in June, Nawaikula said that the name that he is known for which is Niko Nawaikula is not the name in his birth certificate.

The next SODELPA candidate on the list that can come into Parliament is Ratu Isoa Tikoca.