Supreme Court deliberated on a motion to dismiss President, details released

Supreme Court judges deliberated on a motion to dismiss President Abdulla Yameen Abdul Gayoom, but the motion was rejected by three of the five judges, says President’s Office.

The Supreme Court, on February 1, issued an order with the unanimous vote of all five judges for the immediate release and retrial of nine political leader and immediate reinstatement of 12 parliamentarians. The component of the court order – the release of the nine political leaders – was not enforced by the State.

The President’s Office has published an official statement regarding the Supreme Court order and the events which unfolded afterwards, in its website.

The President’s Office said both the Attorney General Mohamed Anil and Prosecutor General Aishath Bisham tried to reach Chief Justice Abdulla Saeed to express their concern over the court order on February 1. It said the Chief Justice returned their calls on February 2, and instructed them to follow “due process”.

It said PG Bisham made a detailed submission of the government’s concern over the court order to the Supreme Court on February 3. And that Supreme Court responded to the submission with a statement that day that there was no legal barrier to implementing the court order.

President’s Office said that Supreme Court deliberated on a motion to dismiss President Yameen from his post the same day. But the motion was rejected by three of the five Supreme Court judges on ground the Supreme Court had no jurisdiction to decide the matter.

“The Motion was tabled by the Chief Justice and the debate took place in Chambers. The Attorney General was not given an opportunity to present the state position, nor was the President given an opportunity to defend himself,” read the statement released by President’s Office.

The President’s Office has not released the names of the two Supreme Court judges who gave the assented, or the three judges who gave the dissented.

However, two Supreme Court judges – Chief Justice Abdulla Saeed and Judge Ali Hameed have been arrested on charges of attempting a coup. The two judges have been suspended by Judicial Services Commission (JSC).

Top legal experts in Maldives concur dismissal of the President does not fall within the Supreme Court’s jurisdiction, but that it is within the parliament’s mandate.