Charters challenges legality of acting FICAC Commissioner’s appointment

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Charlie Charters – FILE

Citizen journalist Charlie Charters has filed proceedings in the High Court challenging the lawfulness of Lavi Rokoika’s appointment as acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC).

In a social media statement, Charters said the application for leave to seek judicial review, identified by him as HBJ 09 of 2026, was filed yesterday and seeks an expedited hearing.

Charters said the case was not motivated by his previous prosecution by FICAC, which was permanently stayed by the High Court on July 24.

“You could say that by choosing to go after me FICAC picked the wrong person to wrong but this is absolutely not a revenge mission,” Charters said.

“The lawful status of FICAC’s powers is like a ticking constitutional bomb that could disrupt the next election if someone doesn’t address this.”

The July 24 ruling by Justice Pita Bulamainaivalu found that FICAC had breached Charters’ constitutional rights and that the prosecution was “inevitably or foredoomed to fail”. The court also found a conflict of interest involving Ms Rokoika.

However, the court did not determine the legality of Ms Rokoika’s appointment, finding that the issue should be dealt with through judicial review. Earlier High Court proceedings involving former deputy prime minister Manoa Kamikamica had similarly held that a challenge to Ms Rokoika’s appointment belonged in civil judicial review proceedings.

Charters said that was the question his latest proceedings were intended to address.

“So once and for all the lawfulness of the powers exercised in the name of the Commissioner must be confirmed or otherwise,” he said.

He argued the matter should be resolved before Fiji’s next general election because FICAC is responsible for investigating and prosecuting offences under electoral legislation.

“The voters of Fiji deserve an election process which is placed as far beyond legal issue as possible,” Charters said.

According to Charters, the proceedings name the President, Prime Minister, Attorney-General, Ms Rokoika and FICAC, with the Judicial Services Commission named as an interested party.

Charters said Suva lawyer Seforan Fatiaki, who represented him in his successful permanent-stay application, is handling the judicial review proceedings.

Previous court proceedings have already considered arguments questioning Ms Rokoika’s appointment. In May, the High Court said such a challenge had to be brought by way of judicial review rather than determined through criminal proceedings.

Charters said he is also pursuing a related damages claim arising from his FICAC prosecution, alleging that the case caused significant personal, financial and reputational consequences.

FICAC has previously said Charters’ matter was referred to the Fiji Police Force on July 1 after two former FICAC officers were identified as alleged principal disclosers of Commission information.