Former AG loses Appeal against former Prime Minister

By Lagi Keresoma/

Apia, SAMOA – 19 January 2026: The Court of Appeal has dismissed former Attorney General Savalenoa Mareva Betham Annandale’s appeal against former Prime Minister Fame Naomi Mataafa.

The appeal was against the Supreme Court decision to dismiss Savalenoa’s application for a judicial review of Fiame’s advice to the Head of State to dismiss her from office in 2021.

The court also dismissed the Appellants’ relief claim of $650,000 for unlawful dismissal under Article 4 of the Constitution.

She also claimed that Fiame’s action in advising the Head of State “constituted the torts of misfeasance in public office, malicious abuse of power or conspiracy with other Cabinet members to injure the appellant and sought compensatory and exemplary damages.”

Background
The Appellant was appointed as Attorney General for a term of three years in July 2020 under the Human Right Protection Party Government.

Between April and August 2021 after the general election, Samoa went through a period of uncertainty due to a constitutional crisis.

On 23 July 2021, the Court of Appeal ruled that the FAST Party secured most seats in the general election and declared FAST as the Government. The Respondent took office as Prime Minister.

No power to remove the Attorney General
The Appellants’ argument before the Supreme Court was that there was no power to remove her from office.

“This argument highlighted the absence of any express power of removal in the Constitution or in the terms on which the Appellant had been appointed.”

The Supreme Court Judge however rejected the argument citing that “there was a power to remove an Attorney General from office, but only where the acts or omissions of the Attorney General so materially undermine or compromise his or her ability to perform the constitutional functions or discharge the responsibilities required by the office.”