Overview:
The Palau Supreme Court has upheld the impeachment and removal of former Ngardmau Gov. Jennifer Ngiraiwet, ruling that the state legislature — not the courts — has the authority to determine whether conduct constitutes an impeachable offense. Ngiraiwet remains eligible to run in the Sept. 18 special election, setting up a potential rematch with acting Gov. Terence Miozawa.
By: Eoghan Olkeriil Ngirudelsang
Ngardmau, Palau (Aug. 27, 2026) – The Palau Supreme Court has ruled in favor of the 11th Kelulul Ngardmau, upholding the impeachment and removal of former Governor Jennifer Ngiraiwet and clearing the way for a special gubernatorial election to fill the vacancy.
In an August 26 order in Jennifer Ngiraiwet v. Eleventh Kelulul Ngardmau, Civil Action No. 26-117, Associate Justice Peter Huffman ruled that the legislature did not violate Ngiraiwet’s constitutional rights and that the question of whether her conduct amounted to an impeachable offense is for lawmakers—not the courts—to decide.
The court stressed that its ruling does not determine whether Ngiraiwet actually committed bribery or personal enrichment. Instead, it holds that under the Ngardmau State Constitution, the power to decide what counts as an impeachable offense rest with the Kelulul Ngardmau not the court.
Because the judgment does not find her guilty of the underlying accusations, Ngiraiwet remains eligible to file nomination papers and run again for governor in the upcoming special election.
Court: Impeachment power lies with legislature
Ngiraiwet had argued that her impeachment violated her right to due process because legislators voted on the removal resolution without giving her a copy in advance or a further chance to respond after receiving it.
The court rejected that claim. Kelulul Ngardmau argued that due process protects life, liberty, and property, and because elected office is not a property, the Due Process Clause does not apply. The court held that even if due process protections apply to an elected official, Ngiraiwet received sufficient process: she was notified of an impeachment petition, met with legislators, was given the petition at that meeting, and was questioned about the allegations before the vote.
More importantly, the court said the core issue—whether the facts support “bribery” or “personal enrichment” under the state constitution—is a political question committed to the legislature.
The dispute grew from a port sand-mining deal.
The impeachment grew out of an August 2025 joint venture between Ngardmau State leasing the Ngardmau dock to S4 Construction for 100 years to develop the Ngardmau Dock and conduct sand mining. The agreement was signed by then-Governor Ngiraiwet, then Speaker of the Kelulul Ngardmau Willard Kumangai, the Ngardmau High Chief Beouch Demei Obakerairur, and S4’s president Bechal Salvador.
On July 21, seven legislators introduced KN Resolution 11-21-2026 to impeach and remove Ngiraiwet for bribery and personal enrichment. The Kelulul Ngardmau unanimously adopted the resolution the same day, while Ngiraiwet was on an official trip to Taiwan.
Ngiraiwet filed suit on July 27, seeking to invalidate the impeachment and restore her to office. The court first denied her request for a preliminary injunction, allowing Speaker Terence Miozawa to continue as acting governor, then set an expedited schedule that led to the August 26 judgment.
Ngiraiwet, Miozawa staff both eyeing governor’s race
Under the Ngardmau State Constitution, a special election must be held within 60 days when a governor is removed. The Palau Election Commission has scheduled the Ngardmau gubernatorial special election for September 18, with nominating petitions due by September 3.
Sources close to Ngiraiwet say she will run again for governor and has already obtained her nomination petition from the election commission office. Her decision sets up a direct electoral test of the legislature’s action, allowing voters to decide whether to return her to office.
Acting Governor Terence Miozawa is also expected to enter the race. According to Kamesang, a staff member for Miozawa, the acting governor is eyeing the governor’s office and will run for governor in the September 18 special election.
The court’s message is clear: it is not ruling on whether Ngiraiwet committed the alleged offenses. It is ruling that, under the Ngardmau Constitution, the legislature—not the court—has the final say on what counts as an impeachable offense, and the people of Ngardmau now have the final say at the ballot box.