The legal battle surrounding former Supervisor of Elections Mohammed Saneem has taken a dramatic turn after he initiated civil action against several current and former State officials following his acquittal in a criminal case.
A Writ of Summons and Statement of Claim filed in the High Court in Suva yesterday under Civil Action No. 193 of 2026 states Mr Saneem is seeking $5million in general damages, in addition to aggravated and exemplary damages.
Mr Saneem has named six defendants in the proceedings, including former acting Director of Public Prosecutions John Rabuku, whom he claims unlawfully sanctioned and authorised the charge against him. Mr Saneem claims Mr Rabuku’s appointment as acting DPP was itself unlawful, citing a Supreme Court ruling concerning eligibility requirements for the ODPP.
Current acting DPP Nancy Tikoisuva is also named as a defendant in her capacity as the prosecutor who conducted the proceedings against him in both the Magistrate’s Court and the High Court.
Former acting Police Commissioner Juki Fong Chew is accused of authorising and directing the investigation, arresting and charging Mr Saneem without a reasonable basis. The writ also accuses Mr Juki Fong of failing to adequately supervise Criminal Investigation Department officers Detective Sergeant Suliasi Dulaki and Detective Constable Tomasi Lagikula, who are also named as defendants for their roles in arresting, charging, and detaining him.
The Attorney-General is named as the sixth defendant as the nominal representative of the State, based on vicarious liability.
Mr Saneem and former attorney-general Aiyaz Sayed-Khaiyum were acquitted of all criminal charges relating to a variation agreement concerning Mr Saneem’s remuneration last week.
The lawsuit advances four causes of action, including false imprisonment. Mr Saneem alleges there was no reasonable or probable cause for his arrest because the criminal charge was based on an erroneous interpretation of the contract. He further claims detectives maliciously engineered a weekend detention by arresting him at 3pm on a Friday, deliberately overlapping with his daughter’s birthday despite his good-faith offer to surrender on Monday morning.
He claims the defendants’ actions caused him significant mental distress, reputational damage, loss of professional income and substantial legal costs over a period exceeding two years.
Among the relief sought, Mr Saneem is seeking declarations that his constitutional rights were breached, and that the prosecution against him was instituted and continued maliciously and without reasonable and probable cause.
