Tag: supreme court

MDP condemns Attorney General’s intervention in JP’s Supreme Court effort to annul election results

The Maldivian Democratic Party (MDP) has condemned the intervention of Attorney General (AG) Azima Shukoor in the Jumhooree Party’s (JP’s) case at the Supreme Court seeking annulment of the September 7 presidential election, expressing concern over the AG’s support of the JP’s stance at Tuesday’s hearing.

In a press release on Tuesday night (September 17), the MDP accused Azima Shukoor of advocating against “the interests of a state institution or the state and in favour of the Jumhooree Party’s self-interest.”

As the Attorney General represents the state, the MDP contended, Azima Shukoor should advocate on behalf of the state and protection of the public interest.

“Therefore the party calls upon the Attorney General – appointed by Dr Mohamed Waheed Hassan Manik, who got only five percent of the vote – to cease advocating on behalf of the state to nullify the votes cast by the people in the first round of the presidential election, and annul the election to dis-empower the people and the constitution,” the statement concluded.

Azima meanwhile told newspaper Haveeru today that article 133(d) of the constitution allows the Attorney General to intervene in such cases. The article states, “The Attorney General shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party, where in the opinion of the Attorney General the interests of the State or the public interest dictate.”

“The government decided that we have to say something for the sake of public interest since we can see all this information,” Azima was quoted as saying.

Azima also denied seeking annulment of the election at yesterday’s Supreme Court hearing. She had however asked the apex court to order the Prosecutor General and the police to investigate alleged electoral fraud as “serious issues” had been noted.

The AG told the court that her office had uncovered discrepancies in the voter registry, including underage people listed as eligible for voting, and the mixing up of voter information – including gender, address, and date of birth.

High Court ruling

Meanwhile, in its judgment (Dhivehi) yesterday in the JP’s case against the Elections Commission (EC), the High Court ordered the commission to allow the JP supervised access to the voter lists in lieu of ordering the EC to release hard copies of the list to the party.

The JP had claimed that the registry included hundreds of ineligible voters (underage citizens), names of voters doubled or repeated, and thousands of people registered to houses without the home owner’s knowledge.

The High Court ruling however stated that the JP was unable to offer any evidence to substantiate the claims of electoral fraud.

The ruling stated that election complaints “should not be submitted based on suspicion,” noting that the EC’s lawyer, former Attorney General Husnu Suood, had addressed each of the JP’s arguments.

Of the seven people the JP claimed were deceased but had voted, the EC proved to the court that four were alive.

On the JP’s complaint regarding people registered to houses in Male’ allegedly without the home owner’s knowledge, the EC explained that people who were originally on the Male’ Municipality’s Special Register – a special registry of people residing in the capital without owning homes – were registered to vote in ballot boxes closest to their current residence. They were registered upon written request, the EC lawyer noted.

Moreover, Suood said that the EC depended heavily on data provided by the Department of National Registration (DNR) in compiling the voters registry. The 170 names that the JP claimed were doubled on the list would have different identity card (ID) numbers and dates of birth, he noted.

DNR Director General Fareeda Yoosuf insisted yesterday that there was no chance forged IDs could be used to vote.

Each individual identity card is unique and does not change even when renewed and, even in cases where lost IDs are replaced, the same identity number is used, Yoosuf noted.

“The card number will remain the same for each individual no matter how many times the card is renewed,” she explained. “We haven’t issued identity cards with two different numbers to the same person, so I’m certain that can’t be done.”

“When each person has a unique number and is allowed to vote based on that number, there is no chance a person can vote more than once by using different ID numbers,” she continued.

No complaints of forged identity cards have been received by the DNR so far, she noted.

“Vote Rigged!”

According to the official results of the first round of voting, MDP candidate Mohamed Nasheed finished top with 45.45 percent (95,224 votes) of the vote, followed by Progressive Party of Maldives (PPM) candidate MP Abdulla Yameen in second place with 25.35 percent (53,099).

JP candidate Gasim Ibrahim narrowly missed out on a place in the second round run-off on September 28 with 24.07 percent (50,422 votes). The JP coalition however disputed the results at both the High Court and Supreme Court and launched a “Vote Rigged!” campaign of rallies – complemented by special programmes on Gasim’s Villa TV – alleging that the EC rigged the polls.

“God willing, it will be Gasim Ibrahim who will be the President of the Maldives on 11 November. Allah willing, do not doubt this. I tell you, do not doubt this,” the business tycoon declared at a recent rally.

Early on Monday morning , police acting on a tip-off from the JP, barricaded streets around the EC and took its garbage into custody. The JP accused the commission of disposing of evidence, though police later reported that the rubbish contained nothing affecting the outcome of the election.

EC Chair Fuwad Thowfeek has emphatically denied allegations of vote rigging, pointing to the commission’s transparency, ongoing complaints investigations, and praise from a broad spectrum of election observers.

The UN Resident Coordinator in the Maldives, Tony Lisle, issued a statement yesterday encouraging “all presidential candidates to respect the results” of first round of presidential elections – in line with those of all other observers on the September 7 polls including delegations from the Commonwealth, UK, India, Australia, Malaysia, US, EU, Japan and Thailand.

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Supreme Court hears Jumhooree Party’s case requesting election annulment

The Supreme Court has held the first hearing of the case filed by the Jumhooree Party (JP) against the Elections Commission (EC), requesting the apex court annul the presidential election held earlier this month.

Following a third place finish in the poll, JP leader and resort tycoon Gasim Ibrahim announced his belief that he “should have finished the race in first place”, denouncing the results released by the EC.

During the first hearing the legal team of the JP, led by Gasim’s running mate and former Attorney General Dr Hassan Saeed, produced 13 reasons for the court to annul the elections. The party was also joined today by Attorney General Azima Shukoor and representatives of the second-placed Progressive Party of Maldives (PPM), who criticised the EC in court.

Among the reasons given by Dr Saeed were: the inclusion of 669 deceased people in the voter registry, 102 repeated names, and the inclusion of 1,818 fake people whose national identity card numbers were not in Department of National Registration (DNR) database.

Dr Hassan also produced the names of voters allegedly omitted from the voter list, cases of double voting and of EC officials not using police assistance when transporting ballot boxes.

Prior to the hearing scheduled today (September 17), Dr Saeed told local media that in its petition filed at the Supreme Court, the JP would also request that the court order the security services to oversee the entire electoral process of a fresh presidential election.

The JP, in light of the evidence produced, requested the court declare the voter list and voter registry to have been compiled in contrast to the requirements of the law, and to therefore annul the presidential polls.

The party also requested that the court issue an injunction ordering the Elections Commission to stop work towards the scheduled run-off elections expected to happen on September 28.

EC response and High Court hearing

In response to the claims, Elections Commission’s lawyer and former Attorney General Husnu Al Suood claimed that JP’s evidence lacked any substance or basis, and questioned the authenticity of the documents produced to the court.

“The ultimate question we are facing here is, has the Jumhooree Party produced sufficient evidence which is enough to annul a presidential election?” Suood asked the seven-member panel of judges.

Suood – citing cases from other countries, including the famous 2000 US Supreme Court case Bush v. Al Gore regarding its presidential elections – contested that a constitutional void could follow any delay of the electoral process.

Attorney General Azima Shukoor – representing the state – told the court that the Attorney General’s Office had also found discrepancies in the voter registry, including underage people listed as eligible for voting, and the mixing up of voter information – including gender, address, and date of birth.

Although the Attorney General did not explicitly support annulment of the election, she too along with PPM and JP spoke against the commission’s arguments.

Azima requested that the Supreme Court order the Prosecutor General’s Office to take action against those found responsible for electoral fraud and other discrepancies.

Meanwhile, PPM lawyer Adam Zaneen unexpectedly also requested the court to annul the election based on the discrepancies highlighted by the JP.

The opposition, and poll-leading MDP, disputed the PPM’s argument, echoing Suood’s assertion that the JP had not produced substantial evidence – even that required to prove by balance of probabilities – to substantiate claims of electoral fraud.

The MDP also contended that annulling the election would undermine the rights of 95,000 voters who had backed the its candidate.

The Chief Justice concluded by saying that another hearing of the case would be held Wednesday (September 18), though he did not state a time.

Earlier in the week, the JP filed a similar lawsuit against the EC at the High Court, requesting the court order the EC to hand over the original voting lists placed at the ballot boxes during voting.

After a hearing today, the High Court  ordered the EC to facilitate, in such a way that will remove the complainant’s doubts, the viewing of the voters list at the commission for Gasim Ibrahim himself or “a sufficient number” of his representatives.

The High Court panel stated that the ruling was based on the fact that candidates contesting in elections have the right to ascertain that all matters relating to elections are conducted freely and fairly, in a transparent manner, while the EC has a legal obligation to ensure and demonstrate the same.

Outside the courtroom, the EC has meanwhile emphatically rejected the JP’s allegations of misconduct, pointing to unanimous praise for the first round’s registration, voting and counting processes by local and international election observers.

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MDP calls for parliament to reconvene, fears “disgraced” Supreme Court judges may “abrogate will of the people”

The Maldivian Democratic Party (MDP) has called on parliament to reconvene to stop the Supreme Court from potentially annulling the election results, claiming the apex court consists of “some disgraced judges who face allegations of lewd conduct.”

The MDP’s national executive committee held an emergency meeting today, after the Supreme Court accepted an appeal by the Jumhooree Party (JP) to annul September’s presidential polls. The JP placed third and narrowly missed the run-off.

The MDP was the front runner with 45.56 percent of the vote and is set to compete with Progressive Party of the Maldives (PPM) in run-off elections on September 28. International and domestic observers have praised the free and fair election process.

Supreme Court Judge Ali Hameed has been implicated in a series of widely circulated sex videos, but the judicial oversight body Judicial Services Commission (JSC) decided not to suspend the judge against the recommendation of a subcommittee it set up to investigate the matter. JP’s presidential candidate Gasim Ibrahim was a member on the JSC at the time.

Meanwhile, the UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in a damning report in May expressed concern over “inadequate and politicized” composition of the JSC and “shock” that members of the judiciary, including the Supreme Court, held memberships in political parties.

The PPM has declared that it supports the JP’s Supreme Court appeal, citing concern over election irregularities.

The UN Resident Coordinator in the Maldives, Tony Lisle, issued a statement today encouraging “all presidential candidates to respect the results” of the first round of presidential elections.

Reconvene parliament: MDP

The MDP’s National Executive Committee has requested the party’s Parliamentary Group to reconvene parliament sittings and take steps through the parliament to “stop undue influence of political parties in the judiciary.”

“We will not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution,” the MDP said in a statement.

The Supreme Court yesterday accepted a case from the JP seeking to have the vote annulled.

The High Court in a separate case today has ordered the Elections Commission to allow the JP supervised access to the voter lists following claims dead people had registered to vote, and that the same people registered at different locations to vote.

Gasim’s Jumhooree Coalition, which includes the Islamist Adhaalath Party, polled 24.07 percent (50,422 votes) in the first round, but has, however, variously contended that he should have received between 10,000 to 30,000 more votes, and has disputed the result in the High Court, Supreme Court, at rallies, and on his television station – Villa TV – declaring that he should have placed first.

Meanwhile, the PPM has come out in support of the JP’s ‘Vote Rigged’ campaign at a press conference yesterday. PPM’s Abdulla Ameen said the party would accept a Supreme Court verdict regardless of the outcome.

The party will continue campaigning for the second round. “I call on people in the islands who supported others to join our movement. Your participation in this campaign, especially your support for PPM’s candidate will be encouragement for the work underway in the court process,” Ameen said.

Disgraced judge

Three videos apparently showing Judge Hamid engaging in sexual relations with foreign women were leaked on social media in July. According to Maldivian law, the crime of fornication is subject to 100 lashes and banishment or house arrest for a period of eight months.

Minivan News understands that one of the newly leaked videos, time-stamped January 24 2013, shows the judge fraternising with a topless woman with an eastern European accent. At one point, the judge appears to lean right into the camera, with his face visible.

Afterwards, the woman repeatedly encourages the judge to drink wine from a mini-bar.

“If I drink that I will be caught. I don’t want to be caught,” the judge insists, refusing.

The room and date stamp appears to be the same as that in previously leaked footage of Hameed meeting a local businessman Mohamed Saeed, the director of ‘Golden Lane’.

In that video, Hameed asserts that he was one of Progressive Party of the Maldives (PPM) Presidential Candidate’s Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

“Even [Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he appears to add, although the audio quality is poor.

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UN calls on all presidential candidates to accept election results

The UN Resident Coordinator in the Maldives, Tony Lisle, has issued a statement encouraging “all presidential candidates to respect the results” of the first round of presidential elections.

The statement, in line with those of all other observers on the September 7 polls including delegations from the Commonwealth, UK, India, Australia, Malaysia, US, EU, Japan and Thailand, follows a sustained campaign by third-placed candidate Gasim Ibrahim to annul the result.

Gasim’ Jumhooree Coalition, which includes the Islamist Adhaalath Party, polled 24.07 percent (50,422 votes) in the first round, narrowly missing out on a place in the run-off to second place Abdulla Yameen’s 25.35 percent

Gasim has, however, variously contended that he should have received between 10,000 to 30,000 more votes, and has disputed the result in the High Court, Supreme Court, at rallies, and on his television station – Villa TV – declaring that he should have placed first.

“God willing, it will be Gasim Ibrahim who will be the President of the Maldives on 11 November. Allah willing, do not doubt this. I tell you, do not doubt this,” he declared at a recent rally, to launch his “Vote Rigged!” campaign.

Early on Monday morning , police acting on a tip-off from the JP, barricaded streets around the Elections Commission and took its garbage into custody. The JP accused the commission of disposing of evidence, though police later reported that the rubbish contained nothing affecting the outcome of the polls.

Later the same day the Supreme Court accepted a case from the JP seeking to have the vote annulled.

The Maldivian Democratic Party (MDP) – which placed first with 45.45 percent of the vote – has issued a statement following an emergency meeting of the party’s National Executive Committee, asserting that the party would not allow the will of the people be abrogated or undone by “a court house consisting of some judges who have lost their integrity and face allegations of lewd conduct.”

“The National Executive Committee has decided today to request the party’s parliamentary group to take urgent measures, restart the People’s Majlis and resume sittings to stop the abuse and misuse of the judiciary by some political parties that are exerting undue influence on the judiciary without respecting the decision of the Maldivian people made by their vote,” the press release stated.

The UN Resident Coordinator meanwhile congratulated the people of the Maldives “on the peaceful and orderly conduct of the first round of voting”, stating that he looked forward “to a similarly peaceful and orderly second round of voting.”

The UN’s calls for candidates to respect the election results and ensure a peaceful transition were reiterated by UN Secretary General Ban Ki-Moon, and yesterday by UN Assistant Secretary General for Political Affairs to the Permanent Representative of the Maldives in New York.

International statements

The 17 member Commonwealth delegation – one of the largest present during the election – issued an interim assessment the after polling that described the vote counting as “highly transparent with media monitors, party observers, and national and international observers able to scrutinise the process closely.”

“The count process was conducted in a consistently transparent manner, with officials observed by the group demonstrating willingness to repeat steps in the process in response to concerns expressed by party observers,” said the delegation’s head, former Prime Minister of Malta Dr Lawrence Gonzi.

The group described the voter register – contested by the JP – as “accurate and robust”.

“Fears expressed by some political parties regarding possible large numbers of deceased voters and voters registered in the wrong geographic area seem to be unfounded, based on the low incidence of election day complaints,” said Dr Gonzi.

Indian observers

Six teams of Indian observers, including four in and around Male, one on Hithadhoo, Maradhoo, Feydhoo, Meedhoo and Hulhudhoo – in Seenu Atoll (Addu) in the south – and another on Kulhudhuffushi, Hanimadhoo, Dhidhoo and nearby islands in Haa Dhaalu and Haa Alifu Atolls in the north, covering 33.6 percent of all booths.

“The polling was orderly and unblemished by any notable incident. It was also an enjoyable experience for the voter,” stated J M Lyngdoh of the Indian observer team.

“The voters’ lists were accurate and prominently displayed. The ballot boxes were opened and closed as per the scheduled time. The discipline, patience and dignity of the voter and the sheer competence, industry and cheerfulness of the election staff were quite admirable. The police were ubiquitous but discreetly non-intrusive,” he said.

“The success in the first round is an achievement which any of the mature democracies would have been proud of. This was a transparent and fair election and there is no reason why the run off should be any less than the first round,” he concluded.

US statement

The US also congratulated the Maldives on the conduct of the first round of voting.

“The very high voter turnout showed the strong commitment of the people of Maldives to democratic government,” said US State Department Deputy Spokesperson, Marie Harf.

“As the country prepares for a second round of voting on September 28, we call on all parties to respect the democratic process and continue to allow for a free, fair and peaceful vote to take place. This is the second presidential election since Maldives embraced multi-party democracy in 2008, and thus represents a historic opportunity for Maldivians to select democratically the representative of their choice,” Harf said.

UK statement

The UK’s Parliamentary Under Secretary of State for the Foreign and Commonwealth Office (FCO), Alistair Burt, also praised the conduct of the election.

“Election observers, both domestic and international, have broadly agreed that the election was transparent and competitive. The UK’s election observers were also pleased to see that proceedings ran smoothly, and that the atmosphere was one of excitement and anticipation,” Burt stated.

“The exceptionally high turnout – estimated to be around 88 percent – demonstrates a significant public enthusiasm and support for democracy in Maldives. I hope political parties will honour this democratic engagement by working together in order to further consolidate democratic institutions in Maldives,” he stated.

“I hope that the second round of elections on 28 September, and the transition to post-electoral politics, will also be free, fair and credible,” Burt concluded.

Local NGO Transparency Maldives – which ran the most comprehensive observation operation on the day – announced prior to the release of the provisional results that none of the incidents reported on election day would have a “material impact on the outcome of the election”.

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“God Willing, Gasim will be President on November 11”: Gasim

This article was first published on Dhivehi Sitee. Republished with permission.

On the evening of September 9, two days after Maldivians voted in the country’s second democratic elections in which Mohamed Nasheed emerged with a resounding victory, Gasim Ibrahim’s Jumhooree Coalition launched a series of rallies under the name ‘Rigged Vote! Rigged Vote!’. Together with its ally, the radical ‘religious’ Adhaalath Party, the Jumhooree Coalition has been claiming that at least 20,000 additional votes were cast on 7 September. This is the second in Dhivehi Sitee’s English translations of speeches at the ‘Rigged Vote! Rigged Vote’ launch rally. Today, extracts from the speech by leader of Jumhooree Party, Gasim Ibrahim:

Yes, we know without a doubt that the number of votes we got in the provisional results announced by the Elections Commission is not the amount of votes people gave us. I understand very clearly that more than 70,000 Maldivians voted for us. We will never forgive, never forgive, this major crime committed by the Elections Commission. Will never forgive, okay?

It is not 50,000 votes that I got from Maldivians. I know this because how were dead people voted for, those votes counted and included in the list? When there are such huge responsibilities to be assigned and when such big changes are made, I must say the people responsible must hurry to deliver the right. They must hurry. We don’t appoint people to positions so they can say this is a power in our hands and harass and badger.

I am saying it very clearly, we have no doubt that the High Court and the Supreme Court, too, will deliver us our right. Yes, in ‘critical moments’ like this, my appeal to the courts is to hurry up. See it as a right and give us a judgement fast. I have no doubt these courts will rule this way. That is, the courts will see this as a right and come to that decision fast. I don’t believe that at a time like this, when the entire peoples’ future rests and builds on this that such things should get stuck. I don’t believe that something like this should be open to influence or power from outsiders.

What I want to say is, the MNDF and or police and army of the national security force must give the protection they must give to our judges. Especially in a moment like this, when their protection and security is of such importance, I beg the president of the Maldives. I ask for the protection of those people [judges].

Yes, even in a short period of about eight hours, we have found about 800 dead people. We can check this out properly when we get the voters lists from the polling stations. We are certain that about 20,000 votes have been cast against the law and procedures. That is why the results show we have less votes than we got. I don’t know whether the votes we got have been rigged and moved from this side to that side.

What is certain is that it is not 50,000 votes that we got. I believe the result should have more than 70,000 votes. Those are people who joined us and supported us. These people are sobbing in all corners of the country, shedding tears of pain and crying: ‘this is not the reality, so many crimes have been committed. We saw people, dressed in a particular colour, closing up the cote boxes with shaking hands.”Yes, I am telling you about Laamu Atoll. A person monitoring near one of our vote boxes there told me s/he saw a person wearing a yellow shirt closing a box in this state.

We are leading. We are leading. When you minus that 90,000 votes [received by MDP], we are the leaders. Yes, when you subtract 20,000 from those 90,000, I believe it is us who are in the lead.

We know it is our vote that was changed. I am telling you what I believe. I am telling you what I believe. Maldivians, have courage. I am ready to make any sacrifice with my body and my money to bring you Maldivians a happy and prosperous life. We will not give in to anyone. This talk of me hospitalised for a heart attack — these are all blatant lies to dishearten you. This talk of me endorsing this person or endorsing that person. We will endorse when we have to endorse. But today we don’t have to endorse. There is nobody we will endorse. God willing, it is others who will have to endorse us. We don’t have to endorse anyone. We are not in such a position yet.

Even if you have to vote twice or thrice, I tell you, don’t hesitate. Do as we say. Like Imran said, we will tell you what the most right, most sincere decision is for the sake of this nation, this land. When we tell you this decision, I call on you to double the support you have for us and decide to work with us.

God willing, it will be Gasim Ibrahim who will be the President of the Maldives on 11 November. Allah willing, do not doubt this. I tell you, do not doubt this.

Ask Allah for strength. Pray to Allah. Get strength from Allah and pray. That then is how Allah will decide things. There is no other calculation than this [Allah’s]. What I am telling you is the Right. Even if some people are deceiving you, the Right will win, Allah willing. Allah has guaranteed victory for the Righteous. Reminding you of this will give you Maldivian citizens strength and good thinking. I am ending this with the prayer that God will give you the ability to think right.

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No legal authority for ACC to prevent signing of Nexbis contract, Supreme Court rules

The Supreme Court has ruled that the Anti-Corruption Commission (ACC) did not have the legal authority to order the Department of Immigration and Emigration not to sign a contract with Malaysian mobile security firm Nexbis in 2010, to establish a border control system (BCS).

The apex court today overturned a previous High Court judgment, which itself overturned a Civil Court ruling last year declaring that the ACC did not have legal authority to terminate the contract signed with Nexbis in November 2010.

However, the High Court judgment was appealed by Nexbis at the Supreme Court, which today ruled in favour of the Malaysian company.

The controversial BCS project was terminated by the government in August this year and replaced by the Personal Identification Secure Comparison and Evaluation System (PISCES) provided by the US government on August 20.

According to local media reports, today’s Supreme Court judgment was delivered with the unanimous consent of all seven Justices on the court bench. However, Chief Justice Ahmed Faiz Hussain and Justice Muthasim Adnan noted different points to the other five.

Delivering the majority decision at today’s hearing, Justice Abdulla Saeed reportedly said that the High Court violated judicial and legal principles in overturning the lower court verdict, noting that the ACC’s order was made after the agreement was signed.

Referring to domestic contract laws and the ACC Act, the Supreme Court upheld the Civil Court ruling, which had determined that the ACC did not have the legal authority to order the Immigration Department to terminate the BCS project based on alleged corrupt dealings.

The Supreme Court had also previously overturned a High Court injunction blocking the implementation of the BCS project, prompting ACC Chair Hassan Luthfy to claim that the independent body had been rendered powerless.

“If this institution is simply an investigative body, then there is no purpose for our presence,” Luthfy said in September last year. “Even the police investigate cases, don’t they? So it is more cost effective for this state to have only the police to investigate cases instead of the ACC.”

Luthfy contended that the ruling had rendered the ACC powerless to prevent corruption, even if it was carried out on a large scale.

“In other countries, Anti Corruption Commissions have the powers of investigation, prevention and creating awareness. If an institution responsible for fighting corruption does not have these powers then it is useless,” he argued.

Corruption allegations

In December 2011, the ACC submitted corruption cases to the Prosecutor General’s Office (AGO) against former Immigration Controller Ilyas Hussain Ibrahim and Director General of the Finance Ministry, Saamee Ageel, claiming the pair abused their authority for undue financial gain in awarding Nexbis the MVR 500 million (US$39 million) BSC project.

Ex-controller Ilyas – brother-in-law of President Dr Mohamed Waheed and current state minister of defence and national security – pleaded not guilty to the charges at the first hearing of the trial on April 10 this year.

Meanwhile, on December 25, 2012, parliament voted unanimously to instruct the government to terminate the BSC agreement with Nexbis.

All 74 MPs in attendance voted in favour of a Finance Committee recommendation following a probe into the potential financial burden on the state as a result of the deal.

In September 2012, the ACC informed the committee that the deal would cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

The Finance Committee meanwhile found that the government had agreed to waive taxes for Nexbis despite the executive lacking legal authority for tax exemption.

Following the signing of a Memorandum of Understanding (MoU) with the US government in March this year to provide a border control system to the Maldives, representatives from Nexbis told Minivan News that the company was uncertain what the MOU would mean for the group’s own border control technology.  The technology has been in use at Ibrahim Nasir International Airport (INIA) since September 2012.

“We do remain confident that the Maldivian government will honour its obligations under the 2010 concession agreement,” read a statement from lawyers representing the company.

“We are confident also of the support we have received by the Immigration Department in implementing and fully operating the system, but remain cautious of individuals that continue to pose obstacles to prevent the success of this project is stemming the national security issues faced by the Maldives today.”

Concession agreement

Under the concession agreement signed with the Maldives government, Nexbis levied a fee of US$2 from passengers in exchange for installing, maintaining and upgrading the country’s immigration system.  The company also agreed a fee of US$15 for every work permit card issued under the system.

Nexbis in July 2013 invoiced the Department of Immigration and Emigration for US$2.8 million (MVR 43 million) for the installation and operation of its border control technology in line with the concession agreement – requesting payment be settled within 30 days.

Nexbis’ lawyers argued that the company had expected the fee to be included in the taxes and surcharges applied to airline tickets in and out of the country, according to local media.  However, lawyers argued these payments had not been made due to the government’s “neglect” in notifying the relevant international authorities.

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CSC cancels Fahmy’s access to its offices

The Civil Service Commission (CSC) has blocked former chief Mohamed Fahmy Hassan from accessing its offices as the country’s executive, Supreme Court, and parliament remain at an impasse over Fahmy’s membership at the CSC.

However, a source within the commission – who wished to remain anonymous – told Minivan News that Fahmy was continuing to come to the office for a few minutes everyday.

CSC media officer Ali Nizar said the commission had decided to cancel Fahmy’s fingerprint access on September 11 until the dispute over Fahmy’s membership was resolved.

“Therefore he cannot be present at the commission in any official capacity,” Nizar said.

The parliament in November last year voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment against him lodged by a female CSC employee.

On 14 March 2013, the Supreme Court invalidated the parliament’s decision to remove Fahmy from his position, and President Dr Mohamed Waheed reinstated him to the CSC.

The parliament nevertheless proceeded to appoint a new member to the CSC to replace Fahmy on August 13, and appointed CSC member Dr Mohamed Latheef as the new chair of the commission on August 20.

On August 15, however, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office was preparing to give credentials to a new appointee – Fathimath Reenee Abdul Sattar.

The following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.

The President of Anti-Corruption Commissions (ACC) Hassan Luthfy told local media on August 19 that the commission would be investigating the Supreme Court for abuse of office due to the presence of Ali Hameed on the bench that issued the injunction.

Hameed had been involved in a case – regarding a leaked sex tape – that was being investigated in the Judicial Services Commission, of which Fahmy was a member by virtue of his place as CSC head.

Meanwhile, new CSC chair appointee Dr Mohamed Latheef has appealed to President Waheed to find a solution, but told Minivan News today he is yet to receive an answer from the president.

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Supreme Court accepts filing of Jumhooree Party’s case requesting annulment of presidential elections

The Supreme Court has given permission to resort tycoon Gasim Ibrahim’s Jumhooree Party (JP) to file a case requesting the court annul the first round of the presidential election, after the JP alleged irregularities in voting after placing third and narrowly missing the run-off.

The JP has also reportedly requested an injunction to delay the second round of voting, currently scheduled for September 28.

An official from the Supreme Court was quoted in local media confirming that the seven-member judges’ bench of the Supreme Court had decided to grant permission for the case to be filed and had informed the petitioners.

The official also told the local media that the court would schedule the hearings as soon as the original lawsuit was filed in the court.

According to the procedures of the Supreme Court, if a party wishes to file a lawsuit, they must first seek the permission of the judges.

The Supreme Court procedures also dictate that, once the permit to file the lawsuit is issued, it must be filed at the court within a period of three working days.

Following a third place finish during the presidential polls, the Gasim announced that he believed he “should have finished the race in first place”, and denounced the results released by the Elections Commission (EC).

The EC, however, has dismissed the allegations, pointing to near unanimous agreement among local and international election observers that the elections were free, fair and credible, and that the minor issues noted would not have had an impact on the final results.

Speaking to Minivan News earlier, JP Policy Secretary Mohamed Ajmal said that the party would attempt to prove via the courts that the first round had been “rigged”.

The JP also filed a similar suit in the High Court earlier this week requesting the court order the EC to hand over the original voting lists placed at the ballot boxes during voting.

During the first hearing of the High Court case held yesterday (September 15), attorneys from the JP produced three documents allegedly showing fraudulently registered voters that included names which had been repeated, lists of deceased people found in the voter list, and a list of voters who had been “unlawfully registered” to houses in Male from the Male’ Municipality Register – a special registry of people belonging to Male but not having their own houses in Male’.

However, the legal team of the EC led by veteran lawyer and former Attorney General Husnu Al Suood, in response to the claims, dismissed the authenticity of the documents submitted by the JP in the court.

During the hearing of the case, in which both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives (PPM) intervened – Suood went on to describe the whole lawsuit as a “fishing expedition”, with the JP hoping to file another lawsuit based on any evidence they collected from the current case.

If the Supreme Court goes on to decide the case in favour of the Jumhoree Party (JP), it would mean fresh elections with all four candidates, Gasim Ibrahim from JP, former President Mohamed Nasheed from opposition MDP and the incumbent President Mohamed Waheed Hassan.

The final results of the first round of the presidential election showed the MDP finishing the race on top with 45.45 percent of the popular vote or 95,224 votes.

The PPM came second with 53,099 votes – 42,125 votes less than the MDP – while the Jumhooree Coalition led by resort tycoon Gasim Ibrahim came third with 50,422 votes and incumbent President Mohamed Waheed Hassan finishing the race at the bottom with just 10,750 votes – 5.13 percent.

With the results showing no candidate being able to secure the required ’50 percent plus one vote’ to secure a first round election victory, means the winner is to be decided through a run-off election contested by the two top candidates in the first round of elections.

However, if the Supreme Court decides to invalidate the elections, it would mean cancellation of the run-off election scheduled for September 28.

It could also mean that the nation might head into a constitutional void, should the electoral process be dragged past November 11 – the date on which incumbent President Waheed’s term expires.

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Supreme Court rules on Elections Commission case

Additional reporting by Daniel Bosley

The Maldives Supreme Court has today (September 2) issued its ruling on the case filed last week by Ahmed Zaneen Adam, questioning the Elections Commission’s (EC) ability to oversee the coming presidential election.

The Supreme Court has issued an order requiring all relevant authorities to ensure a free and fair presidential election on Saturday, local media reported. The ruling did not specifically address all of Zaneen’s concerns, however.

Senior member of the Progressive Party of Maldives (PPM), Zaneen, filed a case requesting an audit into the EC’s IT system as well as a ruling confirming the legal mandate of security services to ensure a secure election.

Whilst neither of these issues are reported to have been directly ruled upon by the court today, it did address issues concerning the electoral register.

Sun Online reported that the order –  issued by five of the bench’s seven judges – pointed out the register contained names and addresses that did not always match and also the names of deceased citizens.

Lists containing the names of deceased people was used by the police earlier this year to investigate complaints of fraudulent party membership forms.  Today’s ruling is also said to have revealed the absence on the register of voters who had relocated to Male’ between 2009-10 in order be rehoused as part of the Hulhumale’ development project.

The court stressed that it was the EC’s duty to correct such errors without being prompted by individual complaints. Despite his position with the PPM, the party insisted that the case had been filed in Zaneen’s personal capacity.

Responding to the case last Friday, head of the EC’s legal team, former Attorney General Husnu Al Suood, contested that Zaneen’s case lacked any legal grounds and that he had filed requested preventive measures based on his personal concerns and doubt.

Zaneen’s case came after weeks of criticism from both the PPM and the Jumhoree Party towards the EC, particularly concerning the commission’s  use of Indian IT staff.  EC chief Fuwad Thowfeek told Minivan News earlier this month that he was confident that no grounds for legal action existed.

“We have so much confidence in our work – we have done really good, professional work – that we are giving it openly [to the public] to see and tell the EC if we have incorrectly listed any person in the voter registry or if any person is missing,” he said.

“If anybody is missing from the list, we will very clearly tell them why the person is missing,” he added.

Thowfeek stressed that the EC had consistently acted with openness, working closely with –  listening to the complaints – of all parties.

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