Court restrains Ngarchelong State from enforcing NSGL 16-68

Court restrains Ngarchelong State from enforcing NSGL 16-68

  28 Oct 2016

By: L.N. Reklai

October 21, 2016 (Koror) Palau Supreme Court granted a Temporary Restraining Order to the Office of Special Prosecutor on behalf of the Republic of Palau, to preserve the status quo, to restrain Ngarchelong State Government, Ngarchelong State Legislature and Ngarchelong State Governor from enforcing NSGL 16-68 or to take any action relating to Ngarchelong State Governor’s compensation. [restrict]

A motion filed by the Special Prosecutor for Temporary Restraining Order, seeks to restrain Ngarchelong State Government and State Assembly and the Governor by taking any action to enforce NSGL 16-68 or alter Governor’s compensation pending the results of criminal proceedings against the governor.

The motion cites four counts as causes of action.  Count1, the motion states that NSGPL 16-68 is an Unconstitutional Legislative Act under the Constitution of the Republic of Palau. Count II, NSGPL 16-68 is an Unconstitutional Act under the Constitution of Ngarchelong State, Count III, NSGPL 16-68 violates National Law and Count IV, Unlawful Attempt to Enact State Legislation to interfere with a Criminal Prosecution Instituted under national law.

For relief, the motion seeks to not only restrain any enforcement of NSGPL 16-68 but also seeks to strike down NSGPL No. 16-68 as unlawful, null and void. The court granted restraining order prohibiting any actions to enforce NSGPL 16-68. [/restrict]