Court refuses Rosso’s bid to block Ombudsman’s investigation
The National Court has refused an application by the Deputy Prime Minister and Minister for Lands and Physical Planning John Rosso, seeking leave for judicial review against the Ombudsman Commission to halt an ongoing investigation against him.
The ruling, delivered by Justice Paulus Dowa this morning confirms that constitutional investigative processes under the Leadership Code cannot be prematurely halted by the courts.
The matter arose after the Ombudsman Commission issued a notice to Mr. Rosso, alerting him of allegations that he failed to declare income in his Annual Statements during 2016.
The Commission's letter required a response to determine whether a prima facie case of misconduct in office exists for referral to the Public Prosecutor.
Mr. Rosso sought to challenge this decision through judicial review, alleging that the investigation was fueled by personal bias, bad faith, and improper motives.
He claimed the investigation was fast-tracked after he refused to intervene in a private property dispute between Chief Ombudsman Richard Pagen and his daughter and Emma Rosso.
In dismissing the Deputy Prime Minister's application, Justice Dowa stated several critical legal principles.
He said the application is premature.
"The judicial review is a remedy of last resort. Because the Ombudsman Commission is still in the preliminary stages of assessment and has not made a final decision to refer the matter to the Public Prosecutor, Mr. Rosso's legal rights have not been impacted".
Justice Dowa stressed that all administrative avenues must be exhausted before a judicial review can take place and for this case, administrative processes have not been exhausted yet.
"The constitutional framework provides ample opportunity for leaders to clear their names before a Public Prosecutor or a Leadership Tribunal. Mr. Rosso must allow these established administrative processes to run their course".
Justice Dowa also noted that there was no arguable case established in Rosso's application especially when the Ombudsman Commission was acting within its jurisdiction.
" The court noted that under Section 217(6) of the Constitution, the proceedings of the Commission can only be challenged if it exceeds its jurisdiction. Mr. Rosso failed to plead any jurisdictional overreach"
The Court also found that the allegations of biasness against the Chief Ombudsman Richard Pagen were unfounded.
While the allegations of bias were aimed at Chief Ombudsman Richard Pagen, the court observed that the investigation notice was actually reviewed and issued by Ombudsman Tabitha M. Suwae and Acting Ombudsman Simon Bole, neither of whom had any connection to the alleged personal dispute.
Justice Dowa concluded that granting judicial review at this juncture would inappropriately interfere with the proper administration of the Leadership Code and prejudice the lawful operations of the Ombudsman Commission.