Overview:
A Palau court has voided Ngardmau's second impeachment of Gov. Jennifer Ngiraiwet, ruling that the legislature denied her a fair opportunity to be heard. The decision also cancels the Nov. 13 special election, allowing Ngiraiwet to remain in office.
By: L.N. Reklai
KOROR, Palau (Nov. 2, 2026) — The Palau Trial Court has voided the second impeachment of Ngardmau Gov. Jennifer Ngiraiwet, ruling that the 11th Kelulul Ngardmau violated the Constitution by denying her a fair opportunity to be heard.
Associate Justice Peter Huffman ruled that the legislature failed to comply with the constitutional protections affirmed by the Palau Appellate Court in its Sept. 16, 2026, decision, which required adequate notice and a meaningful opportunity for Ngiraiwet to attend and respond to the impeachment proceedings.
The ruling also voids the special gubernatorial election scheduled for Nov. 13, leaving Ngiraiwet in office as governor.
The second impeachment followed the Appellate Court’s Sept. 16 decision, which had already voided the legislature’s first impeachment of Ngiraiwet over its failure to provide proper notice before taking action against her.
However, rather than allowing time for Ngiraiwet to exercise her right to be heard, the Kelulul Ngardmau called a session on the same night the appellate decision was issued to pursue a second impeachment.
Ngiraiwet was given only a few hours’ notice. The notice was delivered orally at the court immediately after the Appellate Court issued its decision and also through email.
In his ruling, Huffman found that the legislature again failed to provide the constitutional protections required in an impeachment proceeding, specifically the right to fair treatment.
Huffman held that the opportunity to be heard must be genuine and meaningful, not simply a formality or a “mere gesture.”
By moving ahead with the second impeachment after providing only a few hours’ notice, the Kelulul Ngardmau breached the Constitution’s Fair Treatment Clause, the court ruled.
The decision effectively brings the legislature’s second attempt to remove Ngiraiwet to the same outcome as its first impeachment, which was also declared invalid by the Appellate Court on Sept. 16.
With both impeachment resolutions voided, Ngiraiwet remains the governor of Ngardmau, and the special election intended to replace her will not proceed as scheduled on Nov. 13.
The latest ruling marks another major development in the prolonged political and legal dispute between Ngiraiwet and the 11th Kelulul Ngardmau, which has now seen two impeachment attempts overturned by the courts over the legislature’s failure to provide the governor a constitutionally fair opportunity to defend herself.