The Ombudsman Commission of Papua New Guinea has invoked its reserve powers to refer Chief Justice Sir Gibuma Gibbs Salika to the National Executive Council (NEC) for the possible appointment of a tribunal over alleged misconduct in office.
In a major constitutional move announced Monday, the Ombudsman Commission said it acted after the Acting Public Prosecutor declined to prosecute the matter under the Leadership Code.
“The Ombudsman Commission has decided to invoke its reserve powers under Section 29(2) of the Constitution and Section 27(3) of the Organic Law on the Duties and Responsibilities of Leadership to refer Sir Gibuma Gibbs Salika, Chief Justice of Papua New Guinea (“the Leader”), to the National Executive Council for alleged misconduct in office after the Acting Public Prosecutor declined to bring proceedings (Leadership Code) against the Leader.”
The Commission said the matter had first been referred to the Public Prosecutor on 09 March 2026 after it was satisfied the Chief Justice may have been guilty of misconduct in office.
“On 09 March 2026 the matters concerning the “the Leader” were referred to the Public Prosecutor by the Ombudsman Commission pursuant to Section 29(1) of the Constitution and Sections 17(d), 20(4) and 27(1) of the Organic Law on the Duties and Responsibilities of Leadership (OLDRL) after being satisfied that the leader may have been guilty of misconduct in office.”
However, on 08 May 2026, Acting Public Prosecutor Helen Roalakhona informed the Commission she would not proceed with prosecution.
“In having made this assessment, I find that the evidence is insufficient, not credible and cogent on all fifty allegations. Pursuant to section 177 (b) of the Constitution. I decline to bring a proceeding under Division III 2 (leadership code) for misconduct in office.”
The Ombudsman Commission said the Constitution gives it authority to act if the Public Prosecutor declines to prosecute within a reasonable period or fails to properly refer the matter.
“Section 29(2) of the Constitution states that if the Public Prosecutor fails to prosecute the matter within a reasonable period, the Commission may prosecute it in his stead.”
It also cited provisions under the Organic Law on the Duties and Responsibilities of Leadership.
“Section 27(3) of the OLDRL states that where a matter has been referred to the Public Prosecutor and the Public Prosecutor has failed to refer it to the appropriate tribunal or the Ombudsman Commission is of the opinion that the matter has not been properly referred to the appropriate tribunal, the Commission may refer the matter.”
The Commission said Supreme Court precedent also supports its authority to intervene in leadership matters.
“The Public Prosecutor does not become ‘a passive observer of the proceedings. He ‘must play an active part in seeking to prove allegations, in order to protect the public interest’.”
The Commission noted that under Section 179 of the Constitution, the NEC has the power to appoint a tribunal to investigate complaints against the Chief Justice.
“In deciding whether or not to appoint the tribunal, the NEC must be ‘satisfied that the question of removal from office of the Chief Justice should be investigated’.”
The Commission said it believes the matter concerning the Chief Justice has not been properly referred and therefore decided to escalate it directly to the NEC.
“The Ombudsman Commission had written to the Leader of its decision to invoke Sections 29(2) of the Constitution and Section 27(3) of the OLDRL as it is of the opinion that the matter of the referral of Sir Gibuma Gibbs Salika, Chief Justice of Papua New Guinea to the appropriate tribunal has not been properly referred and hence it has decided to refer the matter to the NEC.”
The referral was formally delivered to the Chairman of the National Executive Council Monday.
