Recall election for legislature leaders submitted
The Supreme Court Trial Division on Friday, October 30,2026, struck down the second impeachment resolution of Ngardmau Governor Jennifer Ngiraiwet, ruling that state lawmakers violated the Palau Constitution by denying her a fair opportunity to respond before voting her out of office. This is a result of the second lawsuit filed by Gov. Ngiraiwet filed after she was impeached for a second time.
In the meantime, citizens have signed and submitted a recall petition to remove Speaker Terence Miozawa and Floor Leader Neil Fisher who are the prime leaders of the legislature and the impeachment.
This is thirty days after the Appellate Court threw away on September 16th the judgment of the same Trial Court Justice affirming the first impeachment resolution. The legislature a few hours after receiving the decision of the Appellate Court hastily enacted similar resolution without providing notice and an opportunity for Gov. Ngiraiwet to defend herself prompting her to file a second lawsuit on the same grounds. Speaker Terence Miozawa reportedly took over the government as acting governor and with his lawyer stopped all payments to employees and vendors associated with Ngiraiwet.
Associate Justice Peter Huffman held that the Eleventh Kelulul Ngardmau breached the constitutional Fair Treatment Clause (Art. IV § 5) when it adopted impeachment resolution KN 11-27-2026 during a hastily called night session on September 16, declaring the measure void and without legal effect. The decision marks the second judicial defeat for the legislature’s removal push—following an Appellate Division ruling that voided a July impeachment for similar procedural failures—and halts the Palau Election Commission’s planned November 13 special election.
The Court’s judgment turned entirely on fundamental fairness: Constitutional Fair Treatment: The Court held that the Constitution requires both adequate notice and a genuine, meaningful opportunity to prepare and be heard before an official is removed in a one-step impeachment process :Deficient Notice and Opportunity: Lawmakers gave Ngiraiwet, at most, a few hours’ notice outside normal working hours, accompanied by courtroom hallway shouts and an afternoon email. The Court ruled that forcing an official to travel between Koror and Ngardmau, gather documents, and locate witnesses within hours made the offer to participate “a mere gesture” rather than a real defense opportunity : Rejection of Legislative Defenses: The Court dismissed arguments that Ngiraiwet waived her rights by failing to attend, noting her counsel objected beforehand, and rejected claims that less time was needed merely because a prior removal attempt had occurred.
Invoking the Palauan proverb “A reched a ioud, e a ioud a reched” (“rushing slows things down”), Justice Huffman concluded that legislative will cannot bypass constitutional rights, leaving Ngiraiwet as the recognized Governor of Ngardmau.