Tag: Maumoon Hameed

PPM MPs to vote Muhthaz for PG in defiance of party leader’s appeal

Progressive Party of Maldives (PPM) MPs have decided to vote for Criminal Court Judge Muhthaz Muhsin as the new Prosecutor General (PG) despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Majority Leader MP Ahmed Nihan told Minivan News today that 33 out of 38 MPs present at a parliamentary group meeting this afternoon voted in favour of Muhthaz.

Nihan – parliamentary group leader of the PPM – also confirmed that a three-line whip has been issued for all 43 PPM MPs to vote for Muhthaz’s approval to the vacant PG post.

The decision comes after PPM Leader Gayoom sent a letter yesterday – subsequently leaked on social media – appealing for the party’s MPs to vote for Maumoon Hameed, son of former Atolls Minister Abdulla Hameed.

Gayoom noted that President Abdulla Yameen had declared at a PPM rally that he wished to appoint Maumoon Hameed to the post and that the president had “sent a message through the PPM’s official viber group” requesting the party’s MPs to vote for the lawyer.

Vetting process

Following a vetting process, parliament’s independent institutions oversight committee had rejected both of President Yameen’s nominees last week.

While a minimum score of 75 marks was required for the committee to recommend a nominee for approval, Hameed received 33 percent and Muhthaz received 67 percent.

The committee’s evaluation report has been tabled in the agenda for debate at Monday’s sitting of parliament, after which the nominees will be put to a vote.

Meanwhile, Gayoom sent a letter to MP Nihan – also leaked on social media (page one and two) – last week demanding an explanation of the PPM-majority committee’s decision.

The oversight committee – chaired by PPM MP Ali Saleem – is comprised of five PPM members, one MP from coalition partner Maldivian Development Alliance (MDA), three opposition Maldivian Democratic Party (MDP) MPs and two Jumhooree Party (JP) MPs.

In his letter, Gayoom contended that a committee meeting held on July 10 where the nominees were interviewed – where the chair had “acted arbitrarily” – was conducted in violation of parliamentary rules of procedure.

Gayoom said he had learned that the nominees were summoned without a vote by members and that an assessment criteria had not been passed prior to the interviews.

Moreover, he added, the marks sheets were not tallied in the presence of committee members.

Gayoom also argued that a sitting judge could not stand for the post of PG, citing article 151 of the constitution – which requires judges to “devote his full time to the performance of the responsibilities of a judge” – and a “legal norm” whereby judges who leave the bench must wait two years before practicing law.

While article 26(a) of the Judges Act stipulates that a judge who stands for a political post specified in law or the constitution would no longer be a judge, Gayoom noted that Muhthaz had not done so.

However, the Judicial Service Commission (JSC) has since said that judges could apply for posts in independent institutions.

Vacant PG post

Meanwhile, following the PPM parliamentary group’s decision today, MDP MP Rozaina Adam tweeted, “Could President Yameen publicly humiliate President Gayoom more than this? Yameen’s choice is very clear.”

She also alleged that Yameen had conspired for the previous parliament to reject Maumoon Hameed in April by ensuring that several PPM MPs would be absent for the vote.

Several pro-government MPs – including PG Leader Nihan who was with President Yameen in Japan and MDA Leader Ahmed Siyam – were conspicuously absent at the sitting, which saw  Hameed fail to garner the required 39 votes after falling just three votes short.

According to article 221 of the constitution, “The President shall appoint as Prosecutor 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.”

A majority in the 18th Majlis is 43 seats. In addition to its 43 MPs, the PPM’s coalition partner MDA has five MPs. The minority party announced today that its MPs would also vote for Muhthaz.

Following the previous parliament’s rejection of Hameed, President Yameen refused to submit a new nominee and opened up a third call for applicants, announcing his intention to nominate Hameed for a second time to the newly elected 18th People’s Majlis.

The PG’s post has been vacant since November 25 following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

Meanwhile, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

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Gayoom calls for a probe into parliamentary committee rejection of nephew for PG

Former president and ruling Progressive Party of Maldives (PPM) leader Maumoon Abdul Gayoom has called for a probe into a parliamentary committee’s rejection of his nephew for the post of Prosecutor General.

Maumoon Hameed failed to garner the required 75 points to obtain committee recommendation. The previous People’s Majlis had also rejected Hameed for the post in April.

The People’s Majlis independent institutions oversight committee – in which the PPM holds a majority – gave Hameed 33 percent and President Abdulla Yameen’s second nominee and Criminal Court Judge Muhuthaz Muhusin 67 percent.

In a letter to PPM parliamentary group leader Ahmed Nihan, Gayoom said chair of the committee PPM MP Ali Saleem had acted against the wishes of Yameen and must be held accountable for his actions.

Gayoom said he had received reports Saleem’s had not followed due process in the vetting process.

Candidates were summoned for interviews without a committee vote and the vetting criteria were not approved by the committee, said Gayoom.

Further, there were reports mark sheets were not tallied in the presence of MPs, he said.

Saleem had also failed to respond to opposition MP Rozaina Adam’s question over Muhsin’s eligibility.

Gayoom said judges could not stand for the position as per Article 151 of the constitution. Muhuthaz would lose his judgeship following his application to the post of Prosecutor General, he added.

“I do not believe that any person can take up the post of Prosecutor General while he is serving as a judge,” Gayoom said, referring to “a legal norm” whereby a former judge could only represent a client as a lawyer only after two years pass after resignation.

“Hence, please investigate this issue thoroughly and present a report to me before this matter is forwarded to the Majlis floor,” Gayoom said.

The Judicial Services Commission (JSC) has since said judges are allowed to apply for positions in the state’s independent institutions.

The independent institutions oversight committee interviewed candidates on Thursday, July 10, and decided against recommending either candidate on Monday, July 14.

Marks were reportedly awarded following evaluation of their academic qualifications, experience, competency, management skills, leadership qualities, achievements and integrity.

The committee is comprised of five PPM members, one Maldivian Development Alliance (MDA) MP, three opposition Maldivian Democratic Party (MDP) members and two Jumhooree Party (JP) members.

PPM Parliamentary Group leader Ahmed Nihan was not responding to calls at the time of press.

The PG’s post has been vacant since November following the resignation of Ahmed Muizz ahead of a scheduled no-confidence motion in parliament.

Moreover, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

President Yameen meanwhile refused to submit a new nominee to the 17th Majlis during the crisis and opened up a third call for applicants, announcing his intention to nominate Hameed – son of former Atolls Minister Abdulla Hameed – for a second time to the newly elected 18th People’s Majlis.

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Oversight committee rejects President Yameen’s nominees for Prosecutor General

Parliament’s independent institutions oversight committee last night decided against recommending for approval President Abdulla Yameen’s nominees for the vacant post of Prosecutor General (PG).

According to opposition Maldivian Democratic Party (MDP) MP Rozaina Adam, the committee awarded President Yameen’s nephew Maumoon Hameed 33 percent and Criminal Court Judge Muhthaz Muhsin 67 percent following a vetting process.

A minimum score of 75 percent or marks is required for the committee to recommend a nominee for approval. The pair were interviewed by the committee last Thursday night (July 10).

Marks were awarded following evaluation of their academic qualifications, experience, competency, management skills, leadership qualities, achievements, and integrity.

The nominees will however be put to a vote on the People’s Majlis floor.

The ruling Progressive Party of Maldives (PPM) has a clear majority of the 85-member house with 43 MPs in addition to five MPs of coalition partner Maldives Development Alliance (MDA).

The independent institutions oversight committee is comprised of five PPM MPs, one MDA MP, three MDP MPs and two Jumhooree Party (JP) MPs.

The final evaluation process took place at a closed session last night where opposition MPs reportedly awarded zero marks to both nominees.

In April, Maumoon Hameed failed to garner the required 39 votes in the previous parliament – falling just three votes short – four months after he was put forward by President Yameen.

Article 221 of the constitution states, “The President shall appoint as Prosecutor 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.”

The independent oversight committee in the 17th People’s Majlis had also rejected Hameed’s nomination after the lawyer failed to meet the assessment criteria.

“Approval is based on a preset grading scheme, and not on members’ opinions,” MP Rozaina told Minivan News at the time.

The PG’s post has been vacant since November following the resignation of Ahmed Muizz ahead of a scheduled no-confidence motion in parliament.

Moreover, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

President Yameen meanwhile refused to submit a new nominee to the 17th Majlis during the crisis and opened up a third call for applicants, announcing his intention to nominate Hameed – son of former Atolls Minister Abdulla Hameed – for a second time to the newly elected 18th People’s Majlis.

Meanwhile, at its meeting last night, the independent institutions committee also awarded 68 percent to President Yameen’s nominee for the Police Integrity Commission, Adam ‘Kurolhi’ Zahir.

The committee however approved the nominations of former MP Abdul Azeez Jamal Abubakur for the newly created post of Information Commissioner with 88 percent and Aishath Zahira for deputy governor of the Maldives Monetary Authority (MMA) with 90 percent.

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Maumoon Hameed and Criminal Court Judge Muhuthaz Muhsin nominated for prosecutor general

President Abdulla Yameen has nominated his nephew Maumoon Hameed and Criminal Court Judge Muhuthaz Muhsin for the vacant post of prosecutor general (PG).

The 17th People’s Majlis had rejected Hameed for the position in March. However, he is expected to win the post as Yameen’s Progressive Party of the Maldives (PPM) holds a majority in the new Majlis.

The 18th People’s Majlis was sworn in on May 28.

Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the relevant responsibilities.

Yameen refused to submit a new nominee to the 17th Majlis during the crisis and opened up a third call for applicants.

In addition to Hameed and Muhsin, former Tourism Minister Mariyam Zulfa, state prosecutor Fazna Ahmed, and Drug Court Judge Mahaz Ali applied for the position.

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President Yameen defends nomination of Maumoon Hameed for prosecutor general post

President Abdulla Yameen has defended the nomination of his nephew Maumoon Hameed to the vacant post of prosecutor general (PG), announcing his intention to nominate the lawyer to parliament for a second time.

Parliament rejected Hameed – son of former Atolls Minister Abdulla Hameed – on April 14 after the nominee fell three votes short of securing parliamentary approval.

Addressing supporters in the Feydhoo ward of Addu City last night (May 18), President Yameen insisted that Hameed was chosen based on competence and qualification rather than family connection.

“I don’t want in any case for the People’s Majlis to appoint Maumoon Hameed to the post of Prosecutor General  because he is my brother or a member of my family,” Yameen said.

“But even tonight, I want to say proudly, standing before the public, that yes, it is true, there are educated and competent persons in my family. They want to serve the Maldivian government and the Maldivian people. They will be brought before the law when they violate the law. I am sending Maumoon Hameed’s name [to parliament] this time as well.”

He added that he wished for parliament to approve “approve a trustworthy and experienced person as prosecutor general.”

Opposition members of the Majlis involved in the previous approval process have suggested that he had failed to meet the oversight committee’s assessment criteria, suggesting that he had shown a poor understanding of current legal issues concerning the country’s legal system.

Yameen observed that the nomination of his nephew has been the subject of criticism in the media, noting that the names of other applicants would be forwarded to parliament as well.

Earlier this month, the President’s Office invited applications for the PG post for a third time after too few candidates put forward their names.

President’s Office Spokesperson Ibrahim Muaz revealed this week that the applicants included four judges in addition to former Tourism Minister Mariyam Zulfa and state prosecutor Aishath Fazna Ahmed.

The PG’s post has been vacant since November following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

The criminal justice system was meanwhile temporarily brought to a halt with the resignation on May 4 of Deputy Prosecutor General Hussain Shameem – who had been fulfilling the responsibilities of the PG – citing “obstruction” by the Criminal Court.

In the wake of Shameem’s resignation, state prosecutors refused to attend trials in the absence of both the PG and his deputy. However, the prosecutors resumed work after a week-long hiatus following a Supreme Court order last week.

18th People’s Majlis

Following parliament’s rejection of Hameed last month, opposition Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor suggested that the failure to secure a simple majority of 39 votes was down to either poor organisation on the part of the ruling Progressive Party of Maldives (PPM) or a sign of discord within the governing coalition.

“MP Gasim Ibrahim [Jumhooree Party leader] was openly lobbying against the PG nominee 30 minutes before vote but voted with PPM,” Hamid claimed, noting the conspicuous absence of a number of prominent government-aligned MPs for the vote.

Hamid predicted that Maumoon Hameed’s name would be resubmitted to the newly-elected parliament as the Progressive Coalition secured a comfortable majority in the March 22 polls.

Tension has however arisen between the PPM and coalition partner JP over the post of speaker. While Gasim announced his intention to stand for the post, President Yameen said the speaker should be a member of the ruling party as it won the most number of seats in the 18th People’s Majlis.

The Progressive Coalition won a combined total of 53 seats in the March 22 parliamentary polls, well above the simple majority of 43 required to approve presidential nominees and pass legislation.

In his speech last night, President Yameen strongly criticised the outgoing parliament, reiterating the importance of parliament’s cooperation for implementing the government’s policies and carrying out infrastructure projects.

“I want a member of our party to become speaker of the People’s Majlis in this term. I don’t want a member of another party to hijack our party,” he said.

Speaking at the function, former President Gayoom also said that the PPM needed to ensure public backing for the government.

“The government needs the sincere support of the Maldivian people at this time. We can provide that support to the government by increasing the number of members in our party,” he said.

The PPM leader launched a recruitment drive to increase party membership earlier this month.

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Supreme Court orders prosecutors to resume work “without any further excuse”

Invoking its powers as the highest authority for administration of justice, the Supreme Court has today ordered state prosecutors to return to work “without any further excuse.”

Lawyers at the Prosecutor General’s (PG) Office have been on strike since acting PG Hussein Shameem’s resignation on May 6, forcing the Criminal Court to cancel all criminal hearings.

However the apex court in a ruling today ordered prosecutors to attend trials, stating “[T]here is no legal basis to allow any actions that violate societal rights and disrupt the peace in a democratic society under sovereign rule, and it is essential that the criminal justice system continues to function, for as long as the Maldivian state continues, to uphold the rule of law and protect state and citizens’ rights.”

The ruling comes a day after prosecutors sent a letter to President Abdulla Yameen expressing concern over lack of accountability mechanisms in the PG’s absence, and disagreeing with the Attorney General’s (AG) opinion that the senior most official in the office must take over the PG’s constitutional obligations.

AG Mohamed Anil had claimed the leadership vacuum had caused a “state of necessity” where extra legal actions committed by the state to restore order could be deemed constitutional.

The Supreme Court concurred with Anil’s advise and added state prosecutors must resume work to ensure the criminal justice system functions without stop under the principle of continuity of government.

However, former AG and President of the Bar Association Husnu Suood said the apex court’s ruling might allow the status quo to continue indefinitely.

“I am saddened the Supreme Court did not allocate a time period in which the president and parliament must appoint a new PG. The way to uphold the constitution, the real solution to this problem, is to appoint a new PG as soon as possible,” he said.

President Yameen has said he is waiting until the new parliament, in which ruling coalition holds a majority, convenes on May 28 to submit a new nominee.

The current Majlis – in recess before the end of its term – rejected the president’s nephew Maumoon Hameed for the position in March.

The Supreme Court had invoked both the state of necessity and continuity of government principles to legalise former President Dr Mohamed Waheed’s decision to stay on as president despite the end of his term on 11 November 2013.

Critics including Drug Court Judge Mahaz Ali have previously claimed the state of necessity argument to be invalid as long as the responsible authorities—president and parliament—are able to carry out their duties.

“A state of necessity is faced only when all legal avenues have been exhausted. In the current situation, the solution is to appoint a new prosecutor general. The current People’s Majlis is not in a situation where it cannot carry out its duties,” wrote the judge on his personal blog.

“The authority that must nominate a candidate [the President] is able to do so. Unless these two parties are in a state in which they cannot carry out their constitutional duties, a state of necessity will not be faced in the prosecutor general’s case.”

State prosecutors’ failure to follow the Supreme Court’s ruling may result in disobedience to order and contempt of court charges.

The Supreme Court in March stripped Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz of their membership for alleged contempt of court and disobeying the court’s rulings.

The EC was brought to trial under new regulations that allow the Supreme Court to initiate proceedings, prosecute and pass judgment.

Shameem had resigned citing the Criminal Court’s “obstruction” of criminal justice by failing to prosecute foreigners involved in drug trafficking, delaying rulings on drug related offenses and presenting“unreasonable obstacles” in filing cases at the court.

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Applications for prosecutor general re-opened

The President’s Office has re-opened applications for the vacant prosecutor general’s post following the Majlis’ failure to approve the previous nominee.

Maumoon Hameed was nominated for the position by President Abdulla Yameen last December, being selected ahead of other applicants which included former Tourism Minister Mariyam Zulfa and current Deputy Prosecutor General (PG) Hussain Shameem.

Although  Hameed – Yameen’s nephew – received the support of the majority of MPs present in the Majlis earlier this month, the total was less than the majority of the full house required for the appointment.

Prior to the vote on the full floor, the Majlis’ oversight committee recommended Hameed not be approved for the position, with committee chair Rozaina Adam telling Minivan News that the nominee had failed to meet the group’s assessment criteria.

The successful nominee will require 43 votes in the new Majlis session, in which pro-government parties will hold a majority with 57 seats. The new intake of MPs are scheduled to be sworn in on May 28.

The deadline for application to the PG’s role – vacant since November – is tomorrow (April 24) at 4pm.

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Maumoon Hameed fails to receive enough votes to secure PG role

The full floor of the People’s Majlis today rejected the president’s nominee for the vacant Prosecutor General’s (PG) position, Maumoon Hameed, four months after he was initially put forward.

After beginning late due to an insufficient number of MPs present to form a quorum, MPs present voted in favour of appointing President Abdulla Yameen’s nephew by 36 votes to 17 – three votes short of the total majority needed to approve a new PG.

Meanwhile, all MPs present today approved the appointment of Dr Azeema Adam to the post of Governor of the Maldives Monetary Authority.

Maldivian Democratic Party (MDP) Spokesman Hamid Abdul Ghafoor – who voted against Hameed’s appointment today – suggested that the failure to secure their nominee could have been a result of poor organisation on the part of the ruling Progressive Party of Maldives (PPM), or perhaps a sign of further discord within the pro-government coalition.

“MP Gasim Ibrahim [Jumhooree Party leader] was openly lobbying against the PG nominee 30 min before vote but voted with PPM”, claimed Hamid, noting the conspicuous absence of a number of prominent government-aligned MPs today.

Tension within the Progressive Coalition has been evident since before last month’s polls, with overlapping candidacies and competition for the Majlis speaker’s position – openly coveted by Gasim – contributing to rumours of a rift.

Both the President’s Office and PPM spokesmen were unavailable for comment at the time of press.

The PG’s position has been vacant since former PG Ahmed Muiz resigned from the post prior to a scheduled no-confidence vote last November. The opposition MDP brought the motion after suggesting Muizz had failed to take action against security forces who mutinied on February 7, 2012.

The Majlis’ oversight committee earlier this month recommended Hameed not be approved for the position, with committee chair Rozaina Adam telling Minivan News that the nominee had failed to meet the group’s assessment criteria.

The oversight commission had previously delayed proceedings in order to seek public opinion on Hameed’s appointment, taking the decision far beyond the thirty days the constitution allows for the post to remain vacant.

This extended delay brought the PG’s Office – temporarily headed by Deputy PG Hussain Shameem – into conflict with the Criminal Court, which had refused to accept new cases before being repeated requests from the Supreme Court to resume normal practice.

Shameem continues to maintain that the Criminal Court has rejected around one third of cases forwarded, on questionable grounds, though the court has told local media that these cases were in fact ‘returned’ for amendments.

While pro-government parties hold a slight majority in the current parliament, last month’s election for the 18th Majlis – scheduled to begin on May28th – saw the Progressive Coalition win 53 of 85 seats on offer.

A number of post-election acquisitions has since assured the group of a two thirds majority in the new session, making it possible that the government will forward Hameed’s name again, suggested Hamid.

Lawyer Maumoon Hameed is the son of the Gayoom administration’s Atolls Minister Abdulla Hameed, and the nephew of incumbent President Yameen and ruling Progressive Party of Maldives leader Maumoon Abdul Gayoom.

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Majlis committee approves candidates for PIC and MMA, rejects prosecutor general nominee

Parliament’s independent commission’s oversight committee has interviewed and decided upon appointees to the posts of Maldives Monetary Authority (MMA) Governer, and Prosecutor General (PG), as well as a member of the Police Integrity Commission (PIC).

The committee’s Deputy Chair Rozaina Adam told Minivan News that the committee had approved nominees based on a grading scheme, and that each nominee needed to get over 75 percent of marks to be approved.

“Nominees for two of the posts we discussed yesterday received the required percentage of marks, the other didn’t. Approvals are based on a preset grading scheme, and not on members’ opinions,” Rozaina explained.

The committee approved Dr Azeema Adam for the post of Governer at MMA and Aiminath Rukshana to be a member of the five member PIC.

Presidential nominee for the post of Prosecutor General, Maumoon Hameed, did not receive sufficient marks for approval.

Dr Azeema Adam has served at the MMA since 1991. She is currently serving as Assistant Governor and Chief Economist, Monetary Policy, Research and Statistics at the MMA.

Adam has a PhD in Economics from the University of Canberra and a Masters Degree in International Development and Finance from the University of Leicester.

Her nomination for the governors role came after Yameen had previously forwarded the name of Ibthishama Ahmed Saeed, an associate director at the Bank of Maldives, before withdrawing it amid suggestions the candidate was not qualified for the role.

Previous governor, Dr Fazeel Najeeb, resigned in December citing personal reasons – though he urged the government to reduce expenses and refrain from printing money during his final press conference.

Presidential nominee to the police watchdog body, Aiminath Rukshana, also received the required 75 percent marks. Rukshana is originally from Liyaage in Maafannu ward of Malé City.

Presidential nominee to the post of prosecutor general, lawyer Maumoon Hameed was not able to receive the required percentage of votes.

The PG’s position has been vacant since former PG Ahmed Muiz resigned from the post prior to a scheduled no-confidence vote. The duties of the PG are currently being temporarily conducted by Deputy Prosecutor General Hussain Shameem.

After a running dispute with the PG’s Office over the acceptance of cases following the expiry of the constitutionally mandated period for appointing a new PG, the Criminal Court resumed accepting new cases after repeated interventions by the Supreme Court.

President Abdulla Yameen has recently accused the opposition Maldivian Democratic Party – holder of a majority of seats in the oversight committee – of obstructing the government’s attempt to appoint a new PG.

Lawyer Maumoon Hameed is the son of the Gayoom administration’s Atolls Minister Abdulla Hameed, and the nephew of incumbent President Yameen and ruling Progressive Party of Maldives leader Maumoon Abdul Gayoom.

MP Rozaina Adam stated that the committee will present the report on its decision to the parliament speaker on Tuesday.

A final decision on the appointments will be taken through a parliamentary vote. The vote has thus far not been scheduled on agenda.

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