The current Interim Prime Minister cannot be a Commander of the Fiji Military Forces and at the same time, be a Prime Minister.

SDL's senior legal counsel, Brett Walker told the Fiji Court of Appeal judges, Justice Randell Powell, Justice Ian Lloyd and Justice Francis Douglas that if he wants to be the Prime Minister, he should stand for the next elections as it’s unconstitutional for him to hold both positions.

Meanwhile, Walker also stated that the President, Ratu Josefa Iloilo should not use the reserved powers to remove a government elected by the people of Fiji.

Walker told the court that his client wants the Appeals Court to rule whether the actions taken by the President in exercising the reserved powers is valid or not.

He said under the constitution if the President exercises those powers, it should be based on the advice of the Prime Minister or the Minister before exercising those powers.

Walker said the court cannot modify the constitution in any aspect and only the role of the court is to interpret and make a decision which is lawful.

The case continues this hour.