The Ombudsman Commission has referred the Gulf Provincial Administrator, Mr. Marc Orisuru Avai to the Public Prosecutor for alleged misconduct in office.
The Ombudsman Commission conducted an investigation and has granted Mr Avai a right to be heard which he responded to, and having deliberated on the matter has determined that there is a prima facie case that Mr Marc Orisuru Avai has been guilty of misconduct in office.
As required by Section 20(2) of the Organic Law on the Duties and Responsibilities of Leadership, the Commission has notified Mr Avai of its intention to refer the matter to Public Prosecutor.
After being satisfied, for the purposes of 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 that there is a prima facie case that the Mr Avai, has been guilty of misconduct in office, the Commission decided to refer the Gulf Provincial Administrator to the Public Prosecutor for his independent deliberations under Section 177(1) (b) of the Constitution.
The referral is in the hands of the Public Prosecutor who has the discretion to bring or decline to bring proceedings under the Leadership Code for alleged misconduct in office in accordance with Section 177(1) (b) of the Constitution.