President Ratu Naiqama Lalabalavu must act on the recommendations of the Judicial Services Commission on the Acting Commissioner of the Fiji Independent Commission Against Corruption, Lavi Rokoika.
That is the message from prominent lawyers, Richard Naidu and Graham Leung.
As earlier reported by fijivillage News, the JSC recommended to the President on Monday that Rokoika should leave the FICAC office.
However some matters then came up about Rokoika's severance package for the JSC to consider.
Now, Naidu and Leung say the President must act on the recommendations without conditions, without bargaining and without delay.
They say it is now an open secret that the JSC has recommended the termination of Rokoika's appointment as a result of the High Court judgment of 2nd February 2026.
The lawyers say it seems equally clear from media reports that the President has declined to act on that recommendation.
He has reportedly required that Rokoika receive compensation before he revokes her appointment.
Naidu and Leung say Rokoika is the acting Commissioner of FICAC, her appointment is temporary, and she is not entitled to compensation when her appointment ends.
They say the Constitution is clear - under section 82, the President acts only on advice.
He does not make choices, he does not exercise discretion, and he certainly does not bargain with constitutional bodies who require him to act as the law requires.
Naidu and Leung say if he is being advised otherwise, he is being wrongly advised.
They say as head of State, the President is the guardian of the Constitution, he must set the standard of constitutional conduct and be seen to do so.
Naidu and Leung ask if he decides instead to do what he wants, what other similar decisions will he make.
They ask will he decide who should be the Prime Minister after the election or who should be the RFMF Commander or the Chief Justice.
They say they are reminded of Lieutenant-General David Morrison's well-known statement, made famous in Fiji by our former sevens rugby coach, Ben Ryan: "The standard you walk past is the standard you accept."
Naidu and Leung ask are the institutions and leaders of Fiji going to bend to the President's will just because it is easy or will they stand up for what the Constitution says
They say this unfortunate situation arises only because Rokoika, whose appointment was always legally dubious, has not left her position.
They add Rokoika should have done so on 2nd February 2026 when the judgment of the High Court made clear that she could not have been lawfully appointed.
Naidu and Leung say in these circumstances it is unbecoming and undignified for a high public office holder to cling to her position and hope for the best.
They say that is what Rokoika appears to be doing, and the honourable course would be to avoid a potential constitutional crisis and simply resign.
They ask why has she not done this.
The President is yet to make a statement.
Rokoika has not made any comments despite several attempts by fijivillage News.
