Thursday, September 25, 2008

Gayoom confident of his right to contest as he awaits landmark Supreme Court verdict tomorrow

Incumbent Maumoon Abdul Gayoom yesterday expressed confidence of his right to contest as well as victory as he awaits a landmark Supreme Court verdict tomorrow on his candidacy at the October 8th Presidential polls.

“They (opponents) know if I contest I will win with the help of Allah. So they are working on all fronts to block my candidacy,” President Gayoom declared in an interview with Sun FM today.

Gayoom also quoted Article 107 of the Constitution to stress that there is no barrier in his way to contest.

His comments came after the newly set up interim Supreme Court today held its maiden hearing of the case filed by Social Liberal Party (SLP) challenging the candidacy of Gayoom at the October 8th first ever multi party Presidential polls.

The hearing which began at 11.30 a.m. saw large crowds gathered at the “Muleeaage” which is temporarily housing the interim Supreme Court.

The SLP’s action is against the Interim Elections Commission for clearing the candidacy of Gayoom at the Polls. The Commission also cleared candidacy of five others including SLP’s presidential hopeful Ibrahim Ismail (Ibra).

Its plaint submitted by Lawyer Ahmed Afeef maintained the Article 107 of the Constitution dealing with the two terms of the president says anyone who has completed two terms cannot stand for presidency again.

The provision says that “the President shall hold office for a term of five years; and no person elected as President under this Constitution shall serve for more than two term in office, whether consecutive or otherwise.”

The SLP’s plaint appealed to the Supreme Court to nullify the Elections Commission’s decision to allow Gayoom to contest the upcoming Presidential Elections.

The defendant interim Elections Commissions was represented by lawyer Shaheen Hameed and he argued that Article 107 also has a rider that says person elected under “this Constitution” for 2 terms cannot re-contest.

The defendant maintained Gayoom is not elected under “this” Constitution and the Constitution came into effect from August 7 is not retrospective.

Hence he argued President Gayoom’s past terms do not stand in his way to contest.

Gayoom is currently serving his sixth term as the President of the Maldives, elected under two previous constitutions.

At the Court house, plaintiff lawyer Afeef argued that since there are different interpretations on the same Article, it was necessary to assess the intention of the Special Majlis that was tasked with completing the new Constitution.

Initially, in a letter sent to the Speaker of the Special Majlis, President Gayoom had then said he wants the Constitution amended.
But the defence lawyer argued that there was no need to assess the intention of the Special Majlis when the law was clear enough.

Lawyer Mohamed Fizan, co-defendant too was present at the Supreme Court hearing today as a third party representing President Gayoom.

Fizan later told Hamaroalhi Daily that the Article 293 says January 1998 Constitution was repealed by the August 7 2008 Constitution.

Above all, he said Article 301 (a) says the “first presidential elections under this Constitution shall be held before 10 October 2008.”

“It is clear this is the first election and no one has served a presidential term under the new Constitution,” Fizan emphasized.

After hearing submissions from lawyers concerned, the five-member Interim Supreme Court adjourned the sessions.

Hamaroalhi Daily learns that the interim Supreme Court is expected to deliver the verdict tomorrow with the interim Elections Commission already fighting against time to hold the poll by October 8 as per the new Constitution requirement.

This story is contributed by Ms Poorna Rodrigo, Hamaroalhi Daily

No comments: