Former Supervisor of Elections Mohammed Saneem has questioned the legality and the presence of his name on the watch list in the absence of a stop departure order after he was prevented from leaving for Australia yesterday morning.

In a media statement, Saneem says he was not aware of any live investigations against him nor any other matter which would warrant his name being present on the watch list since the time of his resignation as Supervisor of Elections.

Saneem says he was scheduled to return in 7 days and had his return ticket in hand.

The former SOE adds at the Immigration Office, an Inspector informed him that he was on the watch list and he was told by the Immigration staff that the order was from the Attorney General's Office.

Saneem further says the Immigration staff returned to say that she was following a directive from the Attorney General and Commissioner FICAC as there was a pending investigation against him, adding that this was the first time he found out about this investigation.

He says from what he has been told by the Immigration officials and the Police at the airport yesterday morning, he is led to believe that the Attorney General, without lawful authority, has issued this directive to keep him from travelling.

Saneem adds he does not understand why he provided confirmation to fijivillage News of the events that transpired at the airport and why he needed to play a role in any of this.

Based on what happened yesterday, Saneem claims that there exists a severe defiance in the rule of law and infringement of liberties and freedoms guaranteed under the Fijian Constitution.

Saneem adds it also goes to show that anybody’s freedom of movement may be unduly restricted by the Attorney General or any other person who does not have the legal authority to do so.

He claims the Attorney General has acted contrary to the law and has acted without any legal authority.

Saneem says he was served with the Stop Departure Order at 2:40pm yesterday afternoon by FICAC, which has the legal authority to do.

Saneem says he submitted his resignation as Fiji's Supervisor of Elections on Tuesday, 31st January 2023.

He adds he had to do so because he found that the process followed by the Constitutional Offices Commission allegedly lacked natural justice, good governance and certain members failed to adhere to the principles enshrined in the Fijian Constitution.

He says as soon as he came out of the airport, he noted reports in fijivillage stating that the Attorney General had confirmed that Saneem had been restricted from travelling to Australia.

Saneem also says he also learnt from the same media reports that someone attempted to serve him with documents earlier in the week but that “I did not come out of the house”.

He says he was not aware of any such attempts being made, and in any event, on Thursday he had a family prayer at his home and guests left his house around 11pm.

Saneem further says he can confirm that no one came with any documents.

He adds his email is widely known to bodies, including the Constitutional Offices Commission which has contacted him through his email address, and if any person or body wished to serve him with any documents, they would be aware of his mobile number and email address.

A FEO statement says it is alleged that Saneem has been on numerous occasions during his tenure with FEO unlawfully authorizing payments of sitting allowances to the Electoral Commission.

The Constitutional Offices Commission had clarified to Saneem that the allowance for the Chairperson and members of the Electoral Commission remained at the same rate of $500 per person, per meeting.

However, Saneem allegedly continued to give instructions for sitting allowances to be paid to the Chairperson and the members for attending events other than meetings, including social functions.

According to Section 5 of the Electoral Act 2014, it specifies that meetings must be held at such place and at such times as determined by the Chairperson or a majority of the members of the Electoral Commission.

The Electoral Commission could also hold meetings virtually.

The FEO says even with a clear definition of meeting in the Electoral Act 2014 and clarification from the Constitutional Office Commission on payment of allowance, Saneem allegedly continued to deviate from this and constantly gave instructions for payment of $500 allowance to the Chairperson and members of Electoral Commission.

Saneem could not be reached for comments.

He was stopped from leaving the country this morning.

We have sent questions to FICAC.

Saneem stopped from leaving the country this morning as he is now under investigation by FICAC

By Vijay Narayan

Friday 03/02/2023

Former Supervisor of Elections, Mohammed Saneem was stopped from leaving the country this morning as he is now under investigation by FICAC.

When contacted by fijivillage News, Attorney General, Siromi Turaga confirmed that Saneem was trying to go to Australia at 8.30am this morning however border officials stopped him at Nadi International Airport in the last hour.

We have also received information that Saneem did not come out of the house in Suva to be served with some documents earlier this week.

Saneem resigned from his position earlier this week.

He has not made any comments publicly on why he has resigned.

We are currently trying to speak to FICAC.

Saneem was suspended by President, Ratu Wiliame Katonivere on the 19th of last month on the advice of the Constitutional Offices Commission in accordance with section 137(4) of the Constitution of the Republic of Fiji.

The Attorney General had said the Commission received a complaint of misbehaviour warranting the removal from office of Saneem.

Siromi Turaga confirmed that the Commission resolved at its meeting, that the complaint needs to be investigated by a Tribunal pursuant to section 137(3)(a)(i) of the Constitution.

Turaga said Saneem is suspended pending the appointment of a Tribunal and subsequent investigation into the complaint made. Saneem’s suspension was with full pay.