Former Fiji elections chief stopped from leaving the country

Wednesday, 8 February 2023

The Fijian government said Mohammed Saneem was stopped by border officials at Nadi Airport while trying to board a flight to Australia on February 3, 2023. (Photo: Supplied/Fiji Elections Office)

The former head of Fiji’s electoral commission has been prevented from leaving the country.

The government said Mohammed Saneem was suspended on January 19 after a “complaint of misbehaviour” was received by the country’s Constitutional Offices Commission (COC).

Saneem, criticised over his handling of the general election on December 14, resigned on February 2.

Twenty-four hours later, he was stopped by border officials at Nadi Airport while trying to board a flight to Australia.

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Saneem’s resignation follows the suspension of heads of the country’s police force, corrections department and state broadcaster.

In a statement, Fiji’s Home Affairs and Immigration Minister Pio Tikoduadua said the travel restriction against Saneem was not issued by his office or police.

Person of interest

Tikoduadua said the Fiji Independent Commission Against Corruption (FICAC) and the Fiji Revenue and Customs Service (FRCS) were responsible for “putting out a person of interest”.

On February 3, the Fijian Elections Office (FEO) confirmed that a complaint against Saneem was lodged with FICAC.

He was criticised over the “glitch” in the provisional results shown on the election results app on December 15, during the December polls.

Saneem has also been accused of allegedly authorising the payment of allowances to electoral commission members attending events rather than meetings.

FICAC confirmed “an investigation and a stop departure” against the former elections chief.

The complaint against Saneem will be investigated by the anti-corruption unit, Attorney-General Siromi Turaga said last week.

Fijian Corrections Commissioner Francis Kean, left, and Police Chief Brigadier-General Sitiveni Qiliho were both suspended on January 27 following advice from the country’s Constitutional Offices Commission (COC).

But on Tuesday, Saneem lodged a complaint against Turaga with FICAC, alleging the A-G had abused his powers.

“The attorney-general does not have the lawful authority to issue any directives to the Fiji Police Force or the Immigration Department to restrain any individual Fijian from travelling out of the country,” Saneem said.

Fiji Labour Party leader Mahendra Chaudhry told local media that Saneem's resignation should not be accepted until all allegations against him are cleared

Former Fijian attorney-general Aiyaz Sayed-Khaiyum left for Australia on December 26 – two days after the coalition government was sworn in.

A border alert was issued by Fiji’s Criminal Investigations Department on December 29, identifying Sayed-Kaiyum as a “person of interest”.

He was accused of “inciting racial hatred and violence” during a press conference in Suva before the election on December 14.

He was questioned by Fijian police five days after he returned home on January 19. He was released after a six-hour interview.

Prime Minister Sitiveni Rabuka said Sayed-Khaiyum may have his “movement out of Fiji restricted if he’s subjected to any prosecutorial processes.”

‘No one’s above the law’

Complaints have also been lodged against some high-profile individuals, including former prime minister Frank Bainimarama.

Tikoduadua said no matter how high one’s public status, “no one’s above the law in Fiji”.

On Monday, the Home Affairs minister highlighted the “crucial importance of the separation of powers by law enforcement agencies” under his ministry.

“I have a mandate of government. The police should only respond to the law. This is important to raise now because there are investigations on people of interest, political interest,” he told The Fiji Times newspaper.

“This has a reflection and a tendency to drift on to a security environment because of the way we were. What I want to assure people in the nation is this is an independent process of the police and will be maintained by me,” Tikoduadua said.

The Fijian Cabinet has been encouraged to follow the general 'rules and guidelines for ministers' and how they should conduct themselves in decision-making.

Rabuka said the policies determined by Cabinet must be actioned by ministers in their respective ministries.

The prime minister said ministers must not solicit, encourage or accept gifts, benefits or favours in connection with the performance or non-performance of his or her official duties.

Concerned about what they claim were issues surrounding the 2014, 2018 and 2022 elections, political parties including the National Federation, Labour and Unity Fiji, are calling for an independent audit of the electoral system.