Overview:
The Palau Appellate Court has voided the impeachment of Ngardmau Gov. Jennifer Ngiraiwet, ruling that the state legislature failed to give her constitutionally required notice before considering the impeachment resolution. The decision reverses the Trial Court ruling and effectively cancelled special election scheduled for Friday.
Special Election Cancelled, Gov. Ngiraiwet gets her seat back
By: L.N. Reklai
KOROR, Palau — The Palau Appellate Court on Sept. 16 voided the impeachment of Ngardmau Gov. Jennifer Ngiraiwet, ruling that the state legislature failed to provide her constitutionally required fair treatment before taking action against her.
The decision reverses the Trial Court’s ruling that had upheld Ngiraiwet’s impeachment and removal and sends the case back to the lower court for further proceedings.
The Appellate Court found that the 11th Kelulul Ngardmau did not notify Ngiraiwet that it would consider an impeachment resolution during its July 21 general session.
“Because the impeachment resolution was the product of a constitutionally deficient process, it is void,” the court said in its opinion.
The ruling centers on Palau’s constitutional Fair Treatment Clause, which the Appellate Court said prohibits unfair treatment during legislative investigations.
According to the opinion, members of the Kelulul Ngardmau interviewed Ngiraiwet on July 17 in connection with issues raised in a citizens petition. The legislature subsequently prepared an impeachment resolution but did not tell Ngiraiwet that impeachment would be considered or when lawmakers intended to act on the resolution.
The court said that process denied Ngiraiwet an opportunity to respond to the potential legislative action.
The Appellate Court’s ruling effectively restores Ngiraiwet to the office of governor, removing the legal basis for the special election scheduled for Friday, Sept. 18.
The Palau Election Commission had already printed ballots in preparation for the special election, which was scheduled after Ngiraiwet was impeached and removed from office. The commission had previously announced the Sept. 18 election following the Trial Court proceedings.
The legal dispute began after the Kelulul Ngardmau impeached Ngiraiwet in July. She challenged the action in court, arguing that the legislature’s process violated her constitutional rights. The case was filed as Jennifer Ngiraiwet, in her capacity as Governor of Ngardmau State v. Eleventh Kelulul Ngardmau.
The Appellate Court’s ruling does not necessarily end the dispute over the allegations that led to the impeachment. The case has been remanded to the Trial Court, where proceedings on the underlying issues may continue.
The Kelulul Ngardmau also retains its legislative authority to consider impeachment, subject to constitutional requirements governing the process. A new impeachment resolution, if pursued, would have to comply with those requirements.
For now, however, the Appellate Court has declared the July impeachment resolution void, restoring Ngiraiwet’s legal status as Ngardmau governor and changing the circumstances under which the Sept. 18 special election was scheduled.