
Jennifer Ngiraiwet
By Tia Belau News Staff
The complaint follows an October 13 ruling by Associate Justice Peter Huffman that her original lawsuit covered only the first removal attempt. He declined to consider her emergency challenge to the second resolution, saying it required a separate complaint.
The new lawsuit names the Eleventh Kelulul Ngardmau, represented by Speaker Terrence Miozawa, and the Palau Election Commission (PEC) as defendants. It challenges Resolution No. 11-27-2026, adopted on September 16.
Ngiraiwet alleges lawmakers failed to provide an advance copy of the resolution or enough notice and time to consult her lawyer, prepare a response and address the proposed removal.
Lawmakers passed the resolution hours after the Supreme Court’s Appellate Division ruled that constitutional fair-treatment protections apply to legislative investigations leading to impeachment or removal. Those protections include adequate notice and an opportunity to attend the session considering removal.
In rejecting the emergency request, Huffman explained that a motion or sworn statement could not, by itself, add new claims to an existing lawsuit.
Huffman did not rule on the second resolution’s validity and said a separate case would receive expedited consideration.
Represented by attorney Johnson Toribiong, Ngiraiwet asks the court to declare the second resolution unconstitutional and bar officials from using it to remove her, declare the office vacant, or hold the special election.
She also seeks temporary relief while the case is considered.
