Supreme Court

The Supreme Court was established following Nauru’s independence in 1968. Article 48 of the Constitution of Nauru designates it as a “superior court of record” with jurisdiction conferred by the Constitution and other written laws.

More than fifty years after its establishment, the Supreme Court continues to function as Nauru’s superior court of general jurisdiction, with primary responsibility for upholding the law through its supervisory and administrative law powers, as well as hearing serious civil and criminal matters and exercising significant appellate and supervisory jurisdiction over the District Court, Family Court, and tribunals.

The Supreme Court has both original and appellate jurisdiction. It is a superior court of record.

The jurisdiction of the Supreme Court is largely conferred or arranged into a system by written laws. Under Article 54 of the Constitution, it has exclusive original jurisdiction to determine any question concerning the interpretation or effect of any constitutional provision, while Article 55 allows the Cabinet to refer constitutional questions to the Court, which must then deliver its opinion in open court, thereby enabling it to issue advisory opinions on matters referred by the Cabinet.

Additionally, the Supreme Court has inherent common law jurisdiction. The existence of such inherent jurisdiction means there is never a vacuum in obtaining vindication of rights according to law.

The Supreme Court has jurisdiction to hear offences under the Crimes Act 2016, subject to any written law relating to children or young persons, as well as offences under any other written law where the competent court is not specified or is specified as a court other than the Supreme Court or District Court. It may impose any sentence or combination of sentences, and make any order authorised by law under the Crimes Act 2016 or any other written law.

The Supreme Court also has unlimited original civil jurisdiction. While the Civil Procedure Rules 1972 continue to apply to civil proceedings, the Chief Justice may also make rules governing such proceedings. In constitutional matters, the Supreme Court has paramount authority, and it also exercises supervisory jurisdiction over subordinate courts and tribunals in non-criminal matters.

In addition, the Supreme Court may direct that any matter be transferred to the District Court for determination, except where the District Court has already referred a question to the Supreme Court concerning the interpretation or effect of the Constitution.

It has all judicial jurisdiction which may be necessary to administer the laws of Nauru. The Court therefore has both the statutory jurisdiction and inherent jurisdiction which are necessary for it to undertake its supervisory function.

The Supreme Court consists of the Chief Justice and such number of other Judges as the President, in consultation with the Chief Justice, considers appropriate. The Court is deemed to be duly constituted notwithstanding any vacancy in the office of the Chief Justice or any Judge.

The jurisdiction of the Supreme Court is generally exercised by a single Judge, except where otherwise provided or by any written law or rules of court empowering the Master, Registrar, or another officer of the Supreme Court to exercise jurisdiction.

A full bench of the Supreme Court, comprising three (3) Judges, may be constituted by the Chief Justice for matters of significant public importance, important questions of law, or the purpose of providing an opinion under Article 55 of the Constitution.

The Chief Justice may issue practice directions governing the empanelment of a full bench.

Article 49 of the Constitution provides that the Chief Justice is appointed by the President and sits with other justices, likewise appointed by the President, whose number is to be determined by law. Only barristers and solicitors who have been practising for at least ten years may be appointed as judges of the Supreme Court.

Articles 50 and 51 of the Constitution prescribe that a Supreme Court judge vacates office upon attaining the age of 65 (unless that age limit be amended by written law), or upon being removed for incapacity or misconduct by a motion adopted by at least two-thirds of Members of Parliament, or upon tending their resignation to the President