High Court issues injunction halting Nexbis project pending outcome of ACC appeal

The High court has issued an injunction temporarily halting the roll out of the Nexbis border control system, pending the outcome of the Anti-Corruption Commission (ACC’s) appeal against a Civil Court ruling that the ACC did not have the authority to halt the project.

The ACC in a hearing last week had requested an injunction, however Judge Azmirelda Zahir stated that such a decision could only be taken after both sides had presented their cases. The ACC had expressed concern that the project could be completed before the conclusion of the High Court case.

Immigration Controller Ilyas Hussain Ibrahim said he would not comment on the matter and referred Minivan News to Deputy Contoller Ibrahim Ashraf, who was not responding at time of press.

The case was delayed last week after the High Court ruled that Deputy Solicitor General Ahmed Usham could not represent the state in the case, as he had been a member of the tender evaluation board that had awarded the contract to Nexbis.

The case concerns a 20-year Build, Operate and Transfer (BOT) agreement with the Malaysia-based mobile security solutions provider to upgrade border security in the Maldives with new technology including facial recognition and fingerprint identification, facilitating the identification and tracking of expatriate workers and eliminating the opportunity for people to enter the country with forged paper documents.

The ACC had earlier ordered a halt to the project following the signing of the contract in October 2010, announcing that it had received “a serious complaint” regarding “technical details” of the bid, and that the agreement presented “instances and opportunities” for corruption.

In December 2011, the Commission forwarded corruption cases against former – and now reappointed –  Controller Ilyas Hussain Ibrahim, and Director General of the Finance Ministry, Saamee Ageel, to the Prosecutor General’s Office (PG), alleging that the pair had abused their authority for undue financial gain in granting the contract to Nexbis.

On February 16 Illyas confirmed that the department would proceed with the border control project as there was no “legal obstruction”. He disputed the claims of corruption and insisted that the project was awarded to Nexbis through a transparent international bidding process.

The agreement stipulates that Nexbis will levy a fee of Rf30 (US$2) from arriving and departing passengers in exchange for installing, maintaining and upgrading its immigration system. The company would also charge a Rf231 (US$15) for every work permit card.

Former Immigration Controller Abdulla Shahid has contended that this would deprive the Maldives of US$200 million in revenue over the life of the 20 year contract. Comparing Nexbis’ earnings to the government’s estimated revenue of US$10 million, Shahid proposed the government instead maximize its income by operating a system given by a donor country: “Border control is not something we are unable to comprehend,” he suggested.

Minivan News reported on February 16 that Nexbis had filed a case in the Civil Court seeking Rf 669 million (US$43 million) in damages from Shahid, alleging that its reputation had been tarnished by negative media coverage.


10 thoughts on “High Court issues injunction halting Nexbis project pending outcome of ACC appeal”

  1. Saamee Ageel is Gasims man, Ilyaas Dr Waheed's man.

    They hoped to get away with this project, putting the noose around President Nasheed's neck.

    The ACC caught it in time. With Shahids help.

    If the lower courts keep undermining the ACC then what is the point of having an ACC?

    I just can't believe that Deputy Solicitor General Ahmed Usham attorney from the AG office had to be told by the High Court he cannot represent the case?

    This is a snap shot of what its going to be like if we allow these people to get back into power. Blatant in your face disregard for basic ethical practice.

    What do you expect. Azima Shakoor, as AG? (Sigh)

  2. ALL Diplomatic and Ambassadors are telling former Controller Abdulla Shahid is a Business mind person and Always talking about Business and he wants to start millions project and can help from government and ACC to approve and even China ambassador also inform about Abdulla Shahid.

  3. “corruption ah magi fahi vaa gothah koffa oi kammeh”????

    Its people like you who is destroying this country! very conveniently coming and commenting on minivannews website.

    Fact of the matter is these days is ACC, the media and the opposition has made laymen like you believe that everybody is corrupt except yourself.

    What ACC should have done responsibly is investigate the matter, report their findings to prosecutor general and let the PG prosecute nexbis or immigration and get judiciary to pass a judgement on the case if guilty punish them as per the law.

    But ACC is also just speculating without due process. where do you draw the line on “corruption ah magi fahi vaa gothah koffa oi kammeh”

    when we are born to this world, we also come with the tools to do a lot of bad things, not only corruption but also adultery.

    so the mere fact we have the tools does not mean we would use it in a bad way.

    the point is, ACC should have followed its due process, they failed to do it and went out of their way to create a show for the public trying to prove their own innocence.

  4. We heard after Controller shahid came power immigration x Deputy Controller Hamid and Ibrahim Waheed and Deputy Minister went for the deal Colombo , these Tug was protected by Shahid and non of people knows what was happening and even immigration project officer was suspended and Nexbis technical Documents was sold to Lanka Company and even ACC investigate the document case but when they found out it was lost from shahid they never investigate the Case . All the resources using to cancel what ever former controller did to Immgration .. Because of jealousy Of former controller …

  5. That’s True ACC have some political influence, otherwise they will not spread in media before the investigate Finnish, but they had use media specially Haveeru news paper and had leak some Board Decisions before the Report came out. The Big Rumor’s that was spread in media must be investigate

  6. Its sad to hear still Maldives Anti Commision try to Stop projects that have Value and need to Maldives. Since we had seen some Maldivian sites about this case and it is politically motivated project which ACC inside also have intrest to give some other company which they had used a Former immigration Baaqee shahid advice and papers instant their own investigation now they are trying to use AG Azima Backup to help them terminate this agreement and AG Azima had paid from Goverment money to Singapore Law firm to get help or advice to terminate this agreement.

    It is a Political game which Haveeru media and VTV and DHiTV use negative campaign for those people who wants to cancel the bid which Sri Lankan informatics gave backup to immigration deputy minister Adam Naseer and most courrpt 3 years Assistant controller Ibrahim Waheed to spread rumors in media and even they had mention thy had connection with ACC with case and ACC Muawiz was involved in this game.

    Anti courrption board is courrpt which they never investigate why these people are crazy to stop this project and why ACC intrest only particular company name or brand to destroy.

    Independent Commision using help from Baaqee shahid in civil court now in HCourt Azima is this a independent Commision

  7. Thanks for update, since we think ACC is also having some political connection only this case they had gone to court,still the serious complain is techinical that does not means courrption that means all the projects will have techinical problems. equal rights not followed by ACC, Look Red Wave saleem case no proof of courrption mention in that report.
    Ashamed on commision that have political influnce and under people of politics

  8. “corruption ah magi fahi vaa gothah koffa oi kammeh”??

    That’s means whatever project they wants they can stop and terminate, and politically very powerful which means any person they are against they can do whatever they wants.

  9. wow, ACC still working crazy with one case,

    City Council against Fantasy Barkery.

    ACC against Ilyas and Nexbis.

    ACC Board members influnce against people and companies, this is how they work for the nation.
    Courrption may be....?
    Food may be....?Male City Council

    Only these two companies in maldives to blame by these Board

  10. This case was stopped by AG Azima who has under groun relations with ACC, Muaviz and Luthfy she played a dangers political roll and dirty legal tricks. she had never discussed with immigration.


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