Tag: corruption

Opposition allege corruption in Thilafushi port deal

The opposition has alleged corruption in a new government deal with a Dubai-based marine terminal operator to establish a commercial port and free trade zone near Malé.

Opposition members have criticised the deal over an apparent lack of transparency, noting the government had signed an MoU with Dubai Ports (DP) World last month without an open bidding process.

DP World, among the world’s largest ports operators, is expected to invest up to US$300 million in a deep-water complex on the industrial island of Thilafushi, and create hundreds of jobs for Maldivians according to the government.

Tourism minister Ahmed Adeeb said the government will sign an agreement for a joint-venture company with DP World this month.

Former MP and MDP member Visam Ali said DP World was only interested in the Maldives to protect its multi-billion dollar port in India’s Cochin.

“Dubai World has already made a huge investment in the Maldives region. There are three main ports in this region, Colombo, Tutticorin and Cochin. Dubai World has made a US$2billion investment in the Cochin port, to handle a million containers at the same time,” she said at a rally in Kulhudhuffushi this weekend.

“Their only reason to invest in the Maldives is to protect that investment, because if there is a major port in the Maldives their investment in the Cochin port will fail. Maldives’ strategic location will make a port here more beneficial to traders. So Dubai World knows if there is a major port in the Maldives, their Cochin port will not be economically viable. So they are attempting to take control of the Maldives port. There is black money in this.”

Adeeb and DP World were unavailable for comment at the time of going to press.

Meanwhile, London-based maritime analysts Drewry Equity have characterised DP World’s interest in the Maldives as an attempt to take on Colombo’s position in the Indian Ocean, as the Maldives is “more strategically ideal as a cross-road between Far East-Europe and Far East-Africa trade lanes than the Colombo port.”

However, a Maldives port may “cannibalise” transshipment volume at DP World’s main port at Jebel Ali, Drewry said, adding that the best strategy for the company would be to operate the Maldives port as a low margin facility, possibly in partnership with a shipping line.

The maritime research organisation also said Maldives as a transshipment hub “is a digression from DP World’s core strategy of handling higher gateway cargoes, which allows for higher margins.”

Ruling Progressive Party of the Maldives MP Ahmed Nihan last week said the port was a first step in transforming the country into Singapore.

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Opposition calls for tourism minister asset freeze

The opposition coalition has called for the tourism minister Ahmed Adeeb to face an asset freeze and an investigation over allegations of corruption and bribery.

Defectors from the ruling coalition have in recent weeks accused Adeeb of a series of offences, including using rogue police officers to frame the former defence minister, employing gangs to harass opponents and buying gifts for the First Lady with ill-gotten money.

But Adeeb has dismissed the allegations as defamation. He denies giving first lady Fathimath Ibrahim a car, saying she bought it with her own money.

He was unavailable for further comment at the time of going to press.

Adhaalath Party president Sheikh Imran Abdulla claimed Adeeb was in debt when he first assumed the tourism portfolio in 2012, but was now capable of distributing US$100,000 gifts such as a diamond ring for the first lady.

Addressing Adeeb at the opposition’s daily protest on Monday, Imran said: “You, more than all Maldivians, know you cannot buy all these gifts with your ministerial salary.”

He said individuals seeking an appointment with the tourism minister were asked to pay thousands of dollars, and alleged that Adeeb was taking millions of dollars under the table from investors interested in doing business in the Maldives.

Adeeb’s corruption will “very soon isolate you, make you destitute, without anyone to care for you,” Imran warned.

In response, Adeeb said in a tweet: “It’s funny that anyone who has uttered filth to President Nasheed & MDP in past, now need to shout my name to get MDP’s acceptance and support.”

The Adhaalath Party, which played a key role in president Mohamed Nasheed’s ouster in 2012, allied with his Maldivian Democratic Party after charges of smuggling weapons were brought against former Defence Minister Mohamed Nazim.

Nasheed was sentenced to 13 years in jail on terrorism while Nazim was sentenced to 11 years in jail last week.

The Maldivians Against Brutality coalition – made up of Adhaalath, MDP, members of the Jumhooree Party (JP) and members of Nazim’s family – today alleged corruption by the government relating to a recent deal to build a new commercial port in the Malé area.

The opposition would not accept such deals, Sheikh Imran said.

MDP chairperson Ali Waheed said the party has conducted a study of the “economic crimes” involved in Thilafushi, and south central Faafu and Dhaalu atolls.

Supporting an asset freeze, MDP spokesperson Imthiyaz Fahmy said Adeeb had hijacked the state’s watchdog institutions to ensure they would not investigate his corruption.

Former auditor general Niyaz Ibrahim was sacked by the PPM after he released a damning report implicating Adeeb in US$6million of corrupt transactions, Fahmy noted.

In the report, Adeeb is accused of funneling money from state companies to a company owned by his family and pocketing money paid by an Italian investor for a resort lease.

In Niyaz’s stead, the PPM appointed a family member of an individual implicated along with Adeeb by the report.

Adeeb at the time dismissed the report as baseless and said Niyaz had been influenced by PPM MP Ahmed Nazim, who he claimed had a personal grudge against him, to write the report.

Nazim was sentenced to life in jail last week over corruption charges in a case dating from 2004.

Fahmy said the government had tied up the hands of judges, the prosecutor general and anti-corruption watchdog by awarding them discounted flats in a luxury apartment complex.

President of the Anti Corruption Commission Hassan Luthfee is now residing in the Rehendhi flats.

When asked if the ACC is investigating any cases involving the tourism minister, the body’s vice president Muaviz Rasheed said it does not comment on specific individuals.

The Auditor General’s Office was not responding to queries at the time of going to press.

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Politicians line up to replace jailed MP

Would-be candidates are already setting out their stalls for the parliamentary by-election in Meemu atoll Dhiggaru after the seat’s previous incumbent was jailed for 25 years yesterday.

Ruling party MP Ahmed Nazim, a former deputy speaker of parliament, was found guilty on Monday of defrauding the state of MVR 1.4 million (US $91,400) and sentenced to 25 years.

Members of both the ruling Progressive Party of the Maldives (PPM) and the opposition have expressed an interest in replacing him in the Majlis (parliament).

Among these are Maldivian Democratic Party (MDP) member and Meemu atoll Muli island councillor Ibrahim Zaki, ruling party member and Meemu atoll councilor Moosa Naseer, and Adhaalath Party spokesperson Ali Zahir.

“I have decided to run for Dhihgaru constituency and I will apply as soon as the elections commission gives notice,” said Ali Zahir.

Elections must be held to fill parliamentary vacancies within 60 days under the constitution.

Meanwhile, the MDP has condemned Nazim’s conviction, saying several aspects of the process violated his rights.

“The lower court and the High Court threw out the case. So the state had appealed to the Supreme Court to overturn the ruling. But instead the Supreme Court ruled on the case,” said MDP MP and spokesperson Imthiyaz Fahmy.

“So literally Nazim did not have a chance to defend himself,” Imthiyaz added.

He noted that former defence minister Mohamed Nazim, accused of plotting to assassinate President Abdulla Yameen, and ex-president Mohamed Nasheed, accused of terrorism over the arrest of a judge, received shorter sentences than Ahmed Nazim.

“[They] were charged with more serious crimes. So I don’t see the fairness in this conviction,” he said.

“It seems that the courts had all ruled in favor of Nazim when he was in favor with the government. But after his spat with [Tourism Minister Ahmed] Adeeb, the courts had turned against him,” Imthiyaz said.

Nazim, an ex-deputy speaker of parliament, was found guilty of defrauding the state by submitting bids on behalf of non-existent companies to supply 15,000 national flags to the now-defunct atolls ministry.

He faces three more outstanding corruption charges.

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Ruling party MP Nazim jailed for 25 years

The Supreme Court today sentenced ruling party MP Ahmed Nazim, a former close associate of the president, to 25 years in jail on corruption charges, stripping him of his parliamentary seat.

Nazim, an ex-deputy speaker of parliament, was found guilty of defrauding the state of MVR 1.4 million (US $91,400) by submitting bids on behalf of non-existent companies to supply 15,000 national flags to the now-defunct atolls ministry.

The conviction completes Nazim’s fall from grace at a time when the opposition has accused the government of targeting political rivals. Nazim, who helped President Abdulla Yameen found a party in 2008, appears to have fallen out of favour with the government.

The High Court in February 2013 acquitted Nazim on the basis that the witnesses, who had been his employees, were not credible, based on a Supreme Court precedent that testimony by accomplices to a crime is inadmissible .

However, the Supreme Court today unanimously ruled the employees were simply following Nazim’s orders in the scam, which took place in 2004.

Nazim’s downfall will trigger a parliamentary by-election in Meemu atoll Dhiggaru.

There are three more outstanding corruption charges against Nazim, which also involve the use of “paper companies” to win bids for the procurement of 220 harbor lights, sound systems for mosques and an additional 15,000 flags.

The police have previously said Nazim gained US$400,000 in total from the scams.

Police in October withheld the MP’s passport on unrelated charges of blackmail.

Tourism Minister Ahmed Adeeb at that time blamed Nazim for a damning report implicating him in a separate US$6million corruption scandal, and also accused Nazim of defamation following his refusal to support Nazim’s bid to become Speaker of parliament.

Scams

The scams, first flagged in an audit report in 2009, also involved ruling Progressive Party of the Maldives MP ‘Red Wave’ Ahmed Saleem and President Yameen’s half-brother Abdulla Hameed. Their cases are still pending at the High Court.

Saleem was the director of finance at the atolls ministry and Hameed was the minister at the time, while Nazim ran a company called Namira Engineering. Saleem and Hameed are charged with abuse of power and violation of state finance regulations.

During the original trial held at the Criminal Court, the then-employees of Nazim’s Namira Engineering testified under oath that they were instructed by Nazim to bid for the projects – however, the presiding judge concluded from their testimonies that they were responsible for the procurement fraud and therefore dismissed the testimonies against Nazim on all counts.

According to the audit report, documents of the company which won the bid, Malegam Tailors, showed that it shared the same phone number as Namira. Fast Tailors, another company that applied, also shared a different number registered under Namira.

Another company, Needlework Tailors, which submitted the bid, had an employee of Namira sign the documents under the title of general manager, while a fourth company named ‘Seaview Maldives Private Maldives’ did not exist.

Auditors noted that the Seaview bid documents had an exact date error also found in Fast Tailors documents, and said the error was sufficient to prove the same party had prepared both bids.

The prosecution began in late 2009 after police uncovered evidence that implicated Hameed, Saleem and Nazim in a number of fraudulent transactions.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques showing that Nazim received over US$400,000 in the scam.

Police further alleged that MP Saleem actively assisted from the atoll ministry, while Nazim’s wife Zeenath Abdullah abused her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds of the fraudulent conspiracy.

Police said Hameed as minister played a key role in the fraud by handing out bids without public announcements, making advance payments using cheques against the state asset and finance regulations, approving bid documents for unregistered companies and carrying out discriminatory treatment of bid applicants.

A hard disk seized during a raid of Nazim’s office in May 2009 allegedly contained copies of forged documents and bogus letterheads. Police alleged that money was channelled through the scam to Nazim, who then laundered cash through Namira Engineering and unregistered companies.

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Supreme Court to hear corruption charges against MP Ahmed Nazim

The Supreme Court has accepted an appeal into corruption charges against MP Ahmed Nazim.

The ruling Progressive Party of Maldives MP was charged with four counts of corruption in late 2009 for allegedly conspiring to defraud the former Ministry of Atolls Development.

According to the prosecutor general, an appeal was filed after new Prosecutor General Muhuthaz Muhsin took office in July.

The Maldives Police Services in October withheld the MP’s passport on charges of blackmail, while Nazim was linked with alleged attempts to link tourism minister Ahmed Adeeb with the disappearance of Minivan News journalist Ahmed Rilwan last August.

Shortly after the controversial transfer of presidential power in February 2012, the Criminal Court had ruled that there was insufficient evidence implicating the MP in the atolls ministry scam.

The Prosecutor General’s Office appealed the decisions later that year at the High Court on the grounds that the Criminal Court had refused to accept state witnesses.

In February 2013, the court of appeal ruled that the prosecution was unable to prove that Nazim’s employees signed bogus bid proposals on his instructions.

Moreover, the High Court referred to a Supreme Court precedent which established that accomplices to a crime could not testify for or against an alleged partner to the crime.

The scam – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by Nazim to win bids for projects worth several hundred thousands dollars, including the fraudulent purchase of harbour lights, national flags, and mosque sound systems.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements, and forged cheques showing that Nazim received over US$400,000 in the scam.

A hard disk seized during a raid of Nazim’s office in May 2009 allegedly contained copies of forged documents and bogus letterheads.

Police alleged that money was channelled through the scam to Nazim who laundered cash through Namira Engineering – of which Nazim was the managing director – and unregistered companies.

Paper companies were allegedly formed using Namira’s equipment and staff to bid for public tenders announced by the now-defunct ministry.

According to the audit report,  evidence was uncovered linking those companies to Nazim with phone and fax numbers stated on the bidding documents registered under his address while the company shareholders were either working at Namira or relatives of Nazim.

Then-employees of Namira testified under oath that they were instructed by Nazim to bid for the projects – however, the Criminal Court judge concluded from their testimonies that they were responsible for the procurement fraud and dismissed their testimonies.

The Criminal Court in 2012 also acquitted MP ‘Red Wave’ Saleem and President Abdulla Yameen’s half-brother Abdulla Algeen Abdul Gayoom of corruption charges.


Related to this story

High Court upholds dismissal of corruption charges against deputy speaker of parliament

MP Nazim returns to Maldives, passport confiscated by immigration

Judge frees Nazim from all corruption charges: “acts not enough to criminalise”

Deputy Speaker Nazim “mastermind” of scam to defraud atolls ministry: state prosecutors

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Maldives omitted from Corruption Perceptions Index for third year

The Maldives has been omitted from Transparency International’s Corruption Perceptions Index (CPI) for the third successive year.

“The Maldives fell a dramatic 57 places since it first appeared in the CPI between 2008 and 2011. Since then, there have been no positive systemic changes to the governance system,” explained Transparency Maldives (TM) Advocacy and Communications Manager Aiman Rasheed.

“The Maldives scored a lowly 2.5 on a scale of 0-10 – 10 being least corrupt and 0 most corrupt – in 2011. There have been no developments to suggest that the situation may have improved this year even if Maldives were to appear in the index,” he added.

In order to be included in the index, Transparency International must collect data from a minimum of three expert sources – usually from international organisations with expertise in governance of business climate analysis.

The widely used indicator of corruption again ranked Denmark as the country with the least perceived corruption problems out of 175 states in this year’s index.

Somalia and North Korea were ranked bottom for the second consecutive year.

After appearing in the CPI – published every year since 1995 – for the first time in 2007, the Maldives appeared in the index until 2011, when a ranking of 134th prompted TM to describe the country’s “grand scale” corruption as “systemic”.

Potential sources for the study this year included the World Bank, the IMD World Competitiveness Center, Freedom House, the Economist Intelligence Unit, and the Bertelsmann Foundation.

TM’s Aiman Rasheed noted that the interaction between source and government institutions was crucial, with data only being provided from two sources in recent years.

TM’s own Global Corruption Barometer Survey – released shortly after the release of the 2013 CPI – found that 83 percent of people questioned felt corruption had increased or stayed the same during the past two years.

The survey of 1,002 people – randomly selected and interviewed by telephone – showed respondents to perceive the People’s Majlis and political parties to be the country’s most corrupt organisations.

The Maldives National Defence Force (MNDF) – perceived as  ‘extremely corrupt’ by 34 percent of respondents – immediately labelled the results of survey a “baseless” attack on its reputation, calling on local media not to publish such information.

A recent high profile case of alleged corruption involved the misappropriation of US$6 million in a deal involving tourism minister Ahmed Adeeb.

The minister – also deputy leader of the ruling Progressive Party of Maldives (PPM) – dismissed evidence published by the auditor general as politically motivated. PPM sponsored amendments to the Audit Act have subsequently resulted in the replacement of Niyaz Ibrahim as auditor general.

Audit reports released this year – concerning the financial years 2011 and 2012 – showed financial transactions worth MVR2.2 billion (US$142 million) had been conducted illegally by state institutions and corporations.

Niyaz told state television, however, that releasing audit reports had become “futile” as the accountability process had so far failed.

Evidence of a crisis of confidence in public institutions, revealed in a 2013 democracy survey, was bolstered by a recent International Foundation for Electoral Systems study which found that one in three Maldivians were offered bribes for their votes or witnessed vote buying in the March 2014 parliamentary polls.

The recently introduced Special Economic Zones Act – promising relaxed regulations for large foreign investments – has been criticised by the opposition Maldivian Democratic Party as paving the way for corruption. Both the Maldives Monetary Authority governor and the IMF have noted the importance of transparency in the regulation of the zones.


Related to this story

“Systemic failure to address corruption”: Transparency Maldives

Transparency Maldives reveals growing perception of corruption

Maldives absent from Corruption Perceptions Index for second consecutive year

Analysis: President Yameen’s first year – Towards good governance?

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President appoints Hassan Ziyath as new auditor general

President Abdulla Yameen has today appointed Hassan Ziyath as the new auditor general within one hour of gaining parliamentary approval.

Ziyath – who received the consent of the parliament at around 1.30 pm – was handed the letter of appointment by President Yameen at a function held at the president’s office around 2.30pm.

The new auditor general won the approval of the Majlis, with 59 of the voting members from across the parties unanimously supporting his appointment.

The nomination of Ziyath for the post by President Yameen has aroused contoversy as his brother, Abdulla Ziyath was recently implicated in a US$6 million corruption scandal alongside  tourism minister Ahmed Adeeb.

In an audit report released on October 29, then auditor general Niyaz Ibrahim accused Abdulla Ziyath – Managing Director of state-owned Maldives Marketing and Public Relations Corporation (MMPRC) – of illegally pushing through a US$6 million loan from state funds to two private companies.

The audit report was signed on the same day that the ruling Progressive Party of Maldives brought an amendment to the Audit Act requiring the president to reappoint the auditor general within 30 days of the amendments have been approved.

Ziyath was nominated out of the four individuals who applied for the post, which holds an equivalent salary to the president’s – currently at MVR100,000 (US$6500).

The opposition Maldivian Democratic Party (MDP) had ferociously opposed the amendments, stating that the bill would allow the incumbent to be discharged without following the constitutional provisions for impeachment.

MDP MP Rozaina Adam on November 3 said that the party would challenge the constitutionality of the amendment, though it was subsequently with 36 MPs voting in favor and 22 against.

Meanwhile, Niyaz – who had served only three years of his seven year long term – told local media that he would not apply for the post again, instead choosing to challenge the constitutionality of the amendments in the Supreme Court.

While speaking to Haveeru at the time, Niyaz said that he received threats and intimidation from the tourism minister after he started investigating the corruption scandal.

However, Adeeb condemned the report as politically motivated, and accused Niyaz of colluding with MP and former Deputy Speaker of Majlis Ahmed Nazim to discredit him after he refused to back Nazim for the Majlis Speakership in May.

Adeeb also expressed dismay at reports that Nazim had attempted to link him with the disappearance of Minivan News journalist Ahmed Rilwan.


Related to this story

Brother of official implicated in MMPRC corruption scandal nominated for Auditor General

Majlis passes amendment allowing president to reappoint auditor general

Tourism Minister implicated in US$6million corruption scandal

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MDP says poorly prioritised 2015 education budget will lead to corruption

The Maldivian Democratic Party (MDP) has said that the poorly prioritised education sector of the 2015 state budget is structured in a way which will eventually lead to corruption.

While speaking at a press conference, MDP education and training committee chair and former education minister Dr Musthafa Luthfee criticised the allocation of a large budget to the education ministry without proper planning.

“A lot of money from the budget has been allotted to the education ministry,” claimed Dr Luthfee. “This includes the salaries of eight new political figures to be hired to the ministry bringing the total of political figures to 20.”

MDP’s budget review committee earlier this week previously accused the 2015 state budget of being ‘aimless’ and criticised it heavily for not being goal-oriented.

The record MVR 24.3 billion (US$ 1.58 billion) proposed budget for 2015 is currently at the committee stage in the Majlis, where today’s session was held behind closed doors for the first time in the legislature’s history.

Dr Luthfee today claimed that the education budget of MVR2.45 billion (US$ 160 million) had no connection whatsoever to the government’s manifesto which had promised to bring ‘innovative’ changes to the sector in the upcoming year.

Education minister Dr Aishath Shiham last week said “significant changes” had been brought to the education sector during the first year of the current administration, including introduction of Quran as a subject for grades one to seven, Arabic language in 20 schools, and vocational training.

A volunteerism programme and a new “vocational education stream” would also form a major part of next year’s plans for the sector, she added.

Malé City Council Deputy Mayor Shifa Mohamed – herself a former minister of education – alleged that the government had not budgeted the required MVR532 million (US$34.5 million) needed to raise the salaries of teachers despite promises made by both President Abdulla Yameen and Vice President Dr Mohamed Jameel Ahmed.

The Teachers Association of Maldives (TAM) has threatened to stop work numerous times this year, demanding the government to reform the education system and to settle the pay discrepancies.

After a full strike appeared inevitable in September, discussions with the government appeared to have gained results, with TAM expressing confidence that the president was attending to the issue.

The MDP education committee also expressed concern over the MVR481 million (US$31.25 million) increase in the recurrent expenditure of the ministry while questioning the need for 2,159 new staff to be hired under the ministry.

“Current teacher to student ratio stands at 1 to 9. We don’t understand the need to increase the number of teachers while the current teachers are not getting proper pay and the schools are in need of new facilities,” said Shifa.

The government currently employs just under 25,000 civil servants, representing over seven percent of the population. Finance minister Abdulla Jihad told the public accounts committee last month that government would freeze recruitment for 2015 in a bid to control spending.

Shifa today commented on the lack of allocated funds for the government’s promises to provide Arabic language as an additional subject in all schools and to ensure that Quran education is included in all stages of education.

The education committee’s vice-chair, Shaifa Zuabir expressed the committee’s concern over promises to make the Maldives Polytechnic a central hub in training the 95,000 individuals who are to be provided with employment during President Yameen’s government.

“95,000 individuals are to be trained from Maldives Polytechnic,” said Shaifa. “Yet we see the Government has only assigned a mere MVR 13.4 million (US$ 870,000) to Maldives Polytechnic.”

MDP Vice-Chair Ahmed Ali Niyaz claimed the 2015 budget is not different from those during former president Maumoon Abdul Gayyoom while stating the budget ‘serves for administrative purposes alone

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MDP may challenge constitutionality of amendment to Audit Act

The opposition Maldivian Democratic Party’s (MDP) parliamentary group has decided to make a recommendation to the party’s national executive committee (NEC) to challenge the constitutionality of amendments brought to the Audit Act last week.

“The NEC will make a decision tomorrow,” MP Rozaina Adam said at a press conference this morning.

Under Article 143 of the Constitution, the Supreme Court and High Court has the jurisdiction “to enquire into and rule on the constitutional validity of any statute or part thereof enacted by the People’s Majlis.”

Rozaina argued that the amendment stipulating that the president shall reappoint an auditor general within 30 days was unconstitutional.

Progressive Party of Maldives (PPM) MP Ahmed Thoriq had proposed adding a clause to the audit law stating that the president shall nominate for parliamentary approval an individual or individuals to the post of auditor general within 30 days of ratifying the amendments.

The amendment was passed with 36 votes in favour and 22 against at Wednesday’s (October 29) sitting of parliament.

At today’s press conference, MP Imthiyaz Fahmy meanwhile stressed the importance of the public protesting the unconstitutional move.

Imthiyaz said he had learned that parliament’s Counselor General Fathmath Filza had also advised Speaker Abdulla Maseeh Mohamed that the amendment was unconstitutional.

President Abdulla Yameen ratified the amendments less than 24 hours after it was passed, he noted.

Imthiyaz said the haste with which the amendment was passed and ratified shows the PPM government’s eagerness to replace the auditor general following allegations of corruption made against the party’s deputy leader – Tourism Minister Ahmed Adeeb – in a special audit report of the Maldives Marketing and Public Relations Company (MMPRC).

Meanwhile, Auditor General Niyaz Ibrahim told newspaper Haveeru last night that he would also contest the constitutionality of the amendment at the Supreme Court.

The amendment contravenes the process specified in the Constitution for the appointment and removal of the auditor general, Niyaz contended.

Article 218 of the Constitution states that the auditor general could be removed from office “(a) on the ground of misconduct, incapacity or incompetence; and (b) a finding to that effect by a committee of the People’s Majlis, pursuant to article (a) and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the Auditor General’s removal from office”.

Niyaz told the local daily that he does not intend to remain in the post even if the Supreme Court strikes down the amendment.

Following the release of the MMPRC special audit report, Niyaz revealed that death threats were sent to both himself and his family. Niyaz is currently on leave.

During last week’s parliamentary debate, PPM MP Thoriq said he proposed the amendment with reference to Article 211(b) of the Constitution, which states, “A statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of the Auditor General.”

Thoriq noted that the Audit Act was passed in 2007 before the ratification of the Constitution the following year and did not specify the responsibilities, mandate, qualification and ethical standards of the auditor general.

PPM MP Ibrahim Waheed has meanwhile told local media that the post of auditor general became vacant with the president’s ratification of the amendments.

Waheed contended that as Niyaz was appointed under the 2007 audit law, a new auditor general must be appointed in accordance with the Constitution following the amendments to the Audit Act.

Article 210 of the Constitutions states, “The President shall appoint as Auditor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

Waheed argued that Niyaz was appointed in the absence of a law passed after the adoption of the Constitution in August 2008.

“So the legal obligations and responsibilities of the present Auditor General will stop. And if he is willing to go ahead, he also has to apply to the post just like others. An Auditor General will be appointed under this constitution after the parliament approves the name sent by the president,” he was quoted as saying by Sun Online.

The 17th People’s Majlis had unanimously approved former President Mohamed Nasheed’s nomination of Niyaz Ibrahim to the post of auditor general in May 2011.

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