Senate Floor Leader Raynold Oilouch in an interview said that the Senate committee has asked Senate President Mlib Tmetuchl to write Toribiong a letter explaining the position that the president exceeded his authority.
“If the Senate decides not to take action on it, we will file a lawsuit,” Oilouch said.
Senate President Mlib Tmetuchl in an interview said that the Senate is reviewing the advise of its legal counsel and the Senate panel.
The Senate committee concluded in its committee report that Toribiong did not have any authority to enter into an oil and gas exploration agreement.
In a three-page committee report, it stated, “ we have concluded that there is a substantial constitutional question as to whether the president has authority to enter into contract such as this one without the Olbiil Era Kelulau first exercising its authority under the Palau Constitution to regulate natural resources in Palau.”
The panel, chaired by Sen. Adalbert Eledui stated that the agreement with Palau Pacific Energy Exploration (PPE) falls under OEK’s authority.
The committee said Toribiong overstepped his bounds with regard to the oil and gas exploration thus rendering the agreement void.
The members of the committee who signed the report were Sens. Eledui, Kathy Kesolei, Raynold Oilouch, Surangel Whipps Jr and Tommy Remengesau Jr.
Oilouch however wants to clarify that the Senate panel is in support of the oil.
“Constitution has been violated,” he said.
Toribiong in an interview said the legal opinion of the Senate legal counsel Greg Sampson is in contrast with the Senate panel report.
The president said according to the legal opinion he has the necessary authority to enter into an oil exploration and production contract with Palau Pacific Energy (PPE)
“The Senate committee report is in defiance of the Senate counsel’s legal opinion,” Toribiong said.
Citing the legal opinion on Tuesday, the president said he can sign an oil agreement in the absence of a legislation.
However Sen. Surangel Whipps Jr. said the president misread the legal opinion.
He said the legal opinion states that a resolution will not remedy the constitutional crisis that the president created when he signed the agreement.
“A resolution will not be necessary because it is questionable whether such a resolution would provide the President with the authority he needs to enter into a contract with PPE. However, it is possible that, a joint resolution, adopted by both houses of the Olbiil Era Kelulau after the President entered into that contract, would be found to provide sufficient authorization to the President. But unfortunately, I have no way of knowing whether such a resolution would be legally effective,” the legal opinion said.
Whipps said this pertains to the question whether the Senate can issue a resolution to arm the president with the necessary authority.
Toribiong asked the senators “not to make a big deal of the issue.”
“We should not be arguing who has the power, we should work together, “the president said.
Whipps said he is supporting the exploration.
“We promote the oil exploration but we want to make sure that Palau is getting its rightful share,” Whipps said.
A legal opinion meanwhile from the Office of the Attorney General stated that althoughthe OEK has the power”to regulate the ownership, exploration and exploitation of natural resources, the Ministry of Natural Resources, Environment, and Tourism will be responsible for the promotion, exploration, development, and management of the natural resources of the Republic.
Since the ministry is a major department of the executive branch of the national government and the President as the chief executive of the national government, the President has authority to sign the agreement on behalf of one of the ministries under the executive branch.
