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Former SODELPA Member of Parliament, Nikolau Nawaikula [File Photo]
Former SODELPA Member of Parliament, Nikolau Nawaikula’s application for constitutional redress was struck out by the Suva High Court today.
Nawaikula applied for a constitutional redress to seek a declaration that his right to fair trial guaranteed under Section 15 of the Constitution was contravened in the matter that led to his imprisonment in 2022.
The former MP was convicted for providing false information to a public servant, after he falsely stated that his permanent residence was in Buca Village, Cakaudrove and obtained over $20,000 allowance in parliament.
Justice Pita Bulamainaivalu struck out the application saying it was abuse of the courts process, given that there is an adequate alternative remedy.
Justice Bulamainaivalu says the applicant’s appeal to the Court of Appeal constitute adequate alternative remedies to his constitutional redress.
The court has ordered Nawaikula to pay $2000 to the respondent Attorney General for the cost of the application for a constitutional redress.