The State and the FCC Reverse Course: Navin Ramgoolam's Constitutional Complaint Will Be Heard on the Merits
The Supreme Court will hear the constitutional complaint of Navin Ramgoolam after the State and the FCC withdrew their preliminary objection. The Prime Minister is challenging the legality of the framework established by the Financial Crimes Commission.
On Monday, March 23, 2026, the State and the Financial Crimes Commission (FCC) informed the Supreme Court that they would not pursue their preliminary objection. This pertains to the constitutional complaint filed by Prime Minister Navin Ramgoolam, who contests the legality of the framework instituted by the FCC, which replaces the Integrity Reporting Services Agency (IRSA).
The head of government disputes the legal framework implemented following the police seizure of large sums of money from his safes in 2015. He argues that the "unexplained wealth order" infringes on his fundamental rights. He also challenges Section 117 of the FCC Act, which allows for the seizure of assets without prior criminal conviction.
Previously, the State and the FCC had raised an objection, claiming that under Article 83 of the Constitution, the Supreme Court cannot rule on the conformity of a law with the fundamental rights outlined in Chapter II, nor declare unconstitutional provisions of the Good Governance and Integrity Reporting Act (GGIRA) or the FCC Act. They argued that the approach taken by Navin Ramgoolam does not fall within the jurisdiction of the Supreme Court. The discussions surrounding this preliminary objection were scheduled for Monday, March 23, 2026.
The case was brought before judges David Chan Kan Cheong and Karuna Gunesh-Balaghee. Representatives from the State and the FCC stated that they were not insisting on this legal point. Accordingly, the trial will be scheduled by circular.
Navin Ramgoolam, absent from court, was represented by Ms. Yanilla Moonshiram, Senior Counsel, and Bhooneshwur Sewraj, Senior Attorney. The State was represented by Mr. Yvan Jean Louis, Senior Counsel and Assistant Solicitor General, while Mr. Atish Roopchand and Mr. Homanaaden Ponen represented the FCC.