The Supreme Court has accepted a petition to invalidate a People’s Majlis resolution authorizing the Speaker to assume the presidency in the absence of a president elect by the end of the current presidential term on November 11.
The case was filed by by Progressive Party of Maldives (PPM) council member and former president Maumoon Abdul Gayoom’s lawyer Ibrahim ‘Wadde’ Waheed.
Speaking to Minivan News, Wadde said that he did not believe that the parliament’s resolution constituted a resolution, and said he did not know any legal term with which to refer to the parliament’s decision as it was against the constitution and laws.
”The decision is clearly against the constitution and I have requested the Supreme Court to invalidate the decision,” he said. ”The parliament on October 27 passed that decision that says that all powers of president must be transferred to the parliament Speaker or someone in the parliament.”
He explained that he had originally filed the case on October 29 before the Supreme Court accepted it today.
On October 27, the resolution was passed at a sitting scheduled in response to a letter to Speaker Abdulla Shahid from President Dr Mohamed Waheed requesting parliament “to take initiative in finding a solution to any legal issues that will arise if a new president is not elected by the end of the current term [on November 11].”
The resolution was submitted by MDP parliamentary group leader and MP Ibrahim Mohamed Solih and supported by MDP MP ‘Reeko’ Moosa Manik.
In a Q&A with the speaker Minivan News asked his opinion on the government aligned MP’s suggestion that the Supreme Court should decide on interim arrangements.
”We have had some MPs calling on the military to take over. I think these individuals are very unfamiliar with democracy. And democratic principles. And it is a shame they sit in a house which is supposed to represent the people,” responded Shahid.
During the interview he also expressed his hope that President Dr Waheed will respect the resolution as it was he who initiated it.
”He wanted the parliament to initiate and tell him what the parliament thinks. The parliament is the representative body of the people of this country. And the parliament overwhelmingly, with the majority of the total parliament, adopted this resolution,” he told Minivan News.
The same day, Waheed also submitted another case to the court asking it to rule that the MDP MP Ahmed Hamza’s appointment to the judicial watchdog – the Judicial Services Commission – was conducted in breach of the constitution.
Waheed also submitted a case to the Supreme Court requesting it to rule that Dhivehi Rayyithunge Party Leader and MP Ahmed Thasmeen Ali was disqualified as an MP.
In addition to these cases, Wadde – alongside Jumhooree Coalition member ‘Madhanee Ihthihaadh’ (Civil Alliance) President Sheikh Mohamed Didi – filed a case in the apex court challenging the candidacy of the MDP’s Mohamed Nasheed.
This filing of this particular case was criticised by both the president and senior PPM leadership.
(0)Dislikes
(0)Related Posts
PPM member asks Supreme Court to remove DRP leader from parliament- JP to sue three MPs for switching parties
- Losing PPM Majlis candidate asks for police intelligence to prove bribery
- No-confidence motion delayed after Attorney General calls in sick
- Gayoom opts out of PPM presidential primary
- PPM council elected at party’s first ever congress
There you go...
The Speaker will not only NOT last 5 minutes as caretaker president he will not even get there.
Now we will see the four SC assholes plus the three abstainers have another midnight bun feast. The abstainers will vote against then leave the building. The 4 assholes will strip to their underpants and call in the Thai girls, pop a bottle of white wine and then vote on a ruling that Idi Amin be dug up out of his grave and made president.
As they open their second bottle they will declare that Nasheed is traitor and should be shot, that the MDP is illegal, that to vote is unconstitutional. Anyone wanting to use oil or gas to live is a criminal.
As they finish their third bottle and probably after the Thai girls have got bored and gone home, They will rule that Gayoom is a prophet and should be worshipped.
They will rule that breathing is only allowed on the sabbath.
They 'may' get around to ordering all foreign and UN diplomats be arrested and shot before they fall on the floor in a drunken stupor.
The PPM guy or should we stop kidding ourselves and just admit it is Gayoom by proxy is quite willing to wreck the Maldives and its people just to hang onto influence and power as long as possible in the hope they can eliminate Nasheed/MDP from the election process.
The International Community will simply stop providing credit and then (unless the Chinese step in) ......
.... ITS GAME OVER!
In the final analysis...
All this could only come from a man who is approaching the end of his life, who doesn't want to see his dictatorship end in his remaining lifetime. He has nothing to lose.
He is merely pulling the strings in the background. He is using blackmail against the police, army and SC and 'calling in all his favours' with the rest.
Only a totally selfish old man could wish to destroy the country rather than see the end of his 'armchair' dictatorship.
I am afraid that dangerous times are imminently ahead.
You are up against a man who doesn't give a s**t.
If only more were to follow his example.
While the MalDeviant Democratic Party runs amok rioting like juvenile delinquents MP Ibrahim Waheed chooses to act responsibly and avails himself of our legal avenues in the pursuit of an admirable goal.
The Speaker assuming the Presidency would pose several legal and ethical challenges that our judicial system is not designed for or willing to accommodate.
Indeed it would be a drastic reversal to the democratic gains we have witnessed since the February of last year, the consolidation of which must accorded the highest priority.
Besides, it would not be in the national interest to have to witness such a controversial transfer of power. Hence I say no to an Abdulla Shahid presidency.
Mohamed Did is a Sheikh? I am the Pope in that case! For f**k's sake, what are these people smoking?
By the way, "Sheikh" literally means, "a leader in a Muslim community or organization."
Now, back to the question at hand.
(1) The Supreme Court's role is in the interpretation of the Constitution. They cannot add to it, amend it or do anything else with it!
(2) If the Constitution is silent on something, then the Supreme Court cannot "interpret" what's not there, i.e. there's nothing to "interpret" in the first place!
(3) The Supreme Court steps in when other LAW interpreters failed to understand a Constitutional matter. The goal was to have very senior and educated staff in there who can do that job. We have 2 men and 5 dumb mules in there unfortunately.
(3) The only institution that has the power to add, subtract, divide or otherwise multiply the Constitution is the peoples' Majlis. This is in line with the principles of democracy, i.e. power originates from the people, and not from the Courts!
PPM wants to bring back the "golden toilet" days of one man whole ruled over it all. Remember the days when Gay used to be the President, the Chief Justice, the Finance Minister, the Head of Armed Forces, the Governor of the Central Bank, and a whole load of other shit I've forgotten about.
Those days are gone forever. No matter how hard PPM tries to use their little quad of failed little men in the Supreme Court, it ain't gonna happen.
Let's play the devil's advocate.
(1) If the Majlis ruling is "anal"ed (sic) by the Supreme Court, then let's see the consequences.
(2) Let's assume Waheed clings on to power. He came to his seat through the door where the sun doesn't shine. Past November 11th, he'll be at the mercy of the two chaps pulling the strings on his left and right arms. I don't think any semi-intelligent human would succumb to that level of sub-ordination.
(3) There's a sure fire way to bankruptcy. That is to disregard the rights of the Maldivian people, international community and well wishers.
(4) Once the 200 million US dollars in state reserves dry up after paying for the next 6 months of oil imports, it'd be time to fast for a very very long time. Fish and coconuts might start looking luxuries further down the line.
Now, that's the harsh reality that suddenly changed the minds of Yameen and Gasim in signing the electoral register! Do the 4 nitwits in the Supreme Court understand that reality?
@Dhivehi Hanguraama
Well, we all know the election will either not take place for whatever reason or will again be deemed improper and anulled by the SC again, and if Waheed is telling the truth, and he does not wish and will not remain as President, what is the alternative?
Who do you nominate?
Bear in mind here, that parliament, the voice of the people has voted in favour of the Speaker assuming Presidency in the event if a void. If the SC overturns this it will make a (further) travesty of democracy and then imply that the SC has assumed the role of the President and that the Maldives is under the control of a Judicial Junta, backed up by the Police and Military.
The Maldives will be plunged into poverty as international Creditors shut their windows and the Tourists go to the Seychelles instead.
Wow, sound Judgement!
"Indeed it would be a drastic reversal to the democratic gains we have witnessed since the February of last year...."
A drastic reversal of democracy indeed!
It's for titbits like this that I look forward to reading your insightful thoughts.
Next thing Paddy Wadde Melon will do is invalidate the election result if Nasheed gets ehburun. Maybe someone should invalidate The Melon's license to work at the bar (does he have one?)
Hear Ye, I am The Supreme.
I cannot fathom the clear and blatant twisted lie this people are trying to propagate, any literate competent Maldivian can read the constitution and understand how the transfer of power is defined if such a case arose.
Pretty soon we would see a lot of Maldivian asylum seekers when the country goes bankrupt.
To be perfectly honest, we know the outcome full well. Those 4 chimps in the SC will do as told by their controllers.
It matters nought whatever they decide. The Constitution is quite clear. Parliament has made its decision. The SC can go and pay for Russian prostitutes as far as we are concerned. They are irrelevant and can go to hell.
The first business of the day when democracy returns is dealing with these 4 characters. Make no mistake about it.
SC accepting the case means a 4 against 3 votes in favor of the guy who submitted the case!
@Mohamed Rasheed on Fri, 8th Nov 2013 5:54 AM
"SC accepting the case means a 4 against 3 votes in favor of the guy who submitted the case!"
Those 4 are irrelevant; a disease and a nuisance. They can release fatwa after fatwa. People have had enough it. Their days of sitting in comfort are numbered.