The Ombudsman Commission has referred Hon. Johnson Tuke, Member for Kainantu Open and Minister for Mining, to the Public Prosecutor for alleged misconduct in office.
The Ombudsman Commission has conducted an investigation and has granted Mr Tuke a right to be heard, which he has responded to, and having deliberated on the matter has determined that there is a prima facie case that Hon Johnson Tuke MP has been guilty of misconduct in office.
As required by Section 20 (2) of the Organic Law on Duties and Responsibilities of Leadership, the Commission has notified Mr Tuke of its intention to refer the matter to the Public Prosecutor.
After being satisfied, for the purposes of Section 29(1) of the Constitution and Section 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 Mr Tuke has been guilty of misconduct in office, the Commission decided to refer the matter 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.