PNG Ombudsman Commission Refers Chief Justice to NEC

Papua New Guinea’s Ombudsman Commission has referred Chief Justice Sir Gibbs Salika to the National Executive Council under constitutional reserve powers following allegations of misconduct in office.

The move comes after Acting Public Prosecutor Helen Roalakona declined to commence leadership tribunal proceedings against the Chief Justice, saying the evidence provided was “insufficient, not credible and cogent” to support the allegations raised.

 PNG Ombudsman Commission Refers Chief Justice to NEC

In a statement released yesterday, the Commission said it had earlier referred matters involving Sir Gibbs to the Public Prosecutor on March 9, 2026, after determining there may have been grounds relating to misconduct in office under provisions of the Constitution and the Organic Law on the Duties and Responsibilities of Leadership.

However, after receiving advice that the Public Prosecutor would not proceed with the case, the Commission decided to invoke reserve powers available under Section 29(2) of the Constitution and Section 27(3) of the Organic Law to directly escalate the matter to the NEC for consideration.

Chief Ombudsman Richard Pagen said the Commission believed the matter “has not been properly referred” and therefore resolved to send the case, together with its reasons, to the Chairman of the National Executive Council.

The Commission said the Constitution allows it to act independently where it considers that a matter has not been prosecuted within a reasonable period or where proper referral procedures have not been followed.

Under the constitutional process, the NEC must now determine whether there are sufficient grounds for the appointment of a tribunal to investigate the Chief Justice.

The Ombudsman Commission also pointed to Supreme Court Reference No.3 of 2005, which clarified the process relating to Leadership Tribunal referrals and outlined the Public Prosecutor’s responsibility to properly assess and prosecute matters where sufficient grounds exist.

The referral was formally delivered to the NEC chairman yesterday morning.

Chief Ombudsman Richard Pagen said the Commission believed the matter concerning Chief Justice Sir Gibbs Salika “has not been properly referred”.