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Frank Bainimarama - Source: ONE News -
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A court has ruled against Fiji's military leaders, declaring the removal of the elected government in the 2006 coup, unlawful.
The country's self appoint Prime Minister Frank Bainimarama has said on Fiji's state television that it effectively means Fiji now doesn't legally have a Prime Minister or government. He was clearly unimpressed with the court's decision.
"The ruling of the Court of Appeal and it's refusal to grant a stay pending an appeal, means in legal terms we effectively do not now have a prime minister or any ministers of the state. In other words we do not have a government in place," he said.
Frank Bainimarama toppled the civilian government in December 2006, delivering the country its fourth coup in 20 years.
The regime has long been criticised for ousting elected Prime Minister Laisenia Qarase, and Thursday's decision is first time Fijian a court has ruled that it was illegal.
"The decision today has restored the correct legal position when there is an illegal overthrow of an elected government," says Qarase.
The Court of Appeal ruled that Commodore Frank Bainimarama's actions of declaring a state of emergency and removing Qarase and his ministers from office, were unlawful under Fiji's constitution.
"One thing is for certain, the constitution of Fiji 1997 is the supreme law of the land and it has to be respected by everybody," says Qarase.
New Zealand and other pacific nations have long called for democratic elections in Fiji.
The Pacific Forum put a deadline on the interim government, to go to the polls this year.
Bainimarama visited the Fijian president on Thursday afternoon to inform him of the court ruling and says he's now waiting for the presidents decision on what happens next.
But at the same time Bainimarama's lawyers will be appealing this decision to Fiji's supreme court.
The Court has ordered the president to dissolve parliament and appoint an independent caretaker interim prime minister.
It has ruled Frank Bainimarama should be removed as Prime Minister.
Fresh elections will be called says the court.
Overturns previous ruling
The finding overturns a ruling in 2008 that the interim government was legal.
Last year Fiji's High Court dismissed the case brought by deposed prime minister Laisenia Qarase that questioned the legality of the 2006 military takeover.
Qarase and his dismissed cabinet ministers said Bainimarama had breached Fiji's Constitution, acted beyond his legal powers and had not taken the advice of the nation's president.
They also claimed that all the decisions and appointments made by the military-led regime since the coup had been unlawful.
The coup government argued that it was not Bainimarama who authorised the takeover, but President Ratu Josefa Iloilo, who had exercised his powers under the constitution to dismiss Qarase's government.
It argued the president had reserve powers to do whatever was necessary to do in a crisis.
