Azaan: I will not violate the Constitution; the people come before the party

Ruling People’s National Congress (PNC) lawmaker Ahmed Azaan Marzooq said on Wednesday that he chose not to vote for the government legislature to downsize the Supreme Court bench from seven to five justices because he believes the bill violates the Constitution, but insisted that he remains “with the government.”

The amendment to the Judicature Act was submitted on Sunday night by Holhudhoo MP Abdul Sattar Mohamed – a member of PNC - who hold a supermajority in the Parliament. The bill was presented, debated on and accepted into the Parliament on Tuesday, and the Judiciary Committee passed it without any changes in a meeting held shortly after the vote.

The Parliament took the floor vote on the bill on Wednesday morning after ejecting three parliamentarians from the main opposition Maldivian Democratic Party (MDP) who protested against the legislature as well as the decision to ignore concerns raised by Counsel General Fathimath Filza.

The bill passed with a majority vote of 68-9.

Azaan, who had chosen to skip Tuesday’s vote when the bill was accepted into the Parliament, was seen quietly walking out of the chamber as the voting began.

After Tuesday’s vote, PNC had threatened disciplinary action against parliamentarians who fail to back the bill. Azaan was removed from the PNC’s WhatsApp group for the party’s parliamentary group shortly after.

In a statement regarding the decision, Azaan said that he constitutes to stand by the promise he made during his parliamentary campaign - to prioritize the interests of his constituents and the nation above all else.

He said that he decided against backing the amendment to the Judicature Act based on the counsel of the constituents who elected him, legal experts, cabinet ministers, and state dignitaries.

Azaan said he believes the bill violates the Constitution and supporting it would be in violation of Article 75 of the Constitution.

• Article 75: Members of the People’s Majlis should be guided in their actions by considerations of national interest and public welfare foremost, and should not exploit their official positions in any way for their own benefit or for the benefit of those with whom they have special relations. They shall represent not only their constituencies but the country as a whole.

Azaan noted that the Constitution states that a judge found guilty of misconduct by the Judicial Service Commission (JSC) can be removed through the Parliament.

“I do not find the decision not to chose this path despite enjoying a supermajority in the Parliament and deciding to amend the Judicature Act and remove two [Supreme Court] justices to be legally unsound,” he said.

“I also do not believe it right to amend the law to remove two Supreme Court justices especially while the court hears a constitutional case.”

The move to submit a bill to reduce the Supreme Court bench followed weekslong allegations by the MDP that the government is seeking to dismiss some of the members of the top court’s bench to influence a case challenging a contentious amendment to add anti-defection provisions to the Constitution.

The constitutional amendment in question was submitted, passed and ratified in quick succession on November 20. The controversial amendment added three more circumstances where parliamentarians will lose their seat, including if they are expelled from their political party.

Former Kendhoo MP Ali Hussain, an attorney-at-law, filed a constitutional case with the top court on November 24, arguing that the amendment violates key provisions of the Constitution, as well as the basic structure doctrine.

Hearings in the case began on February 17 – nearly three months after the case was filed. The state filed a motion to have the case tossed out, arguing that the Supreme Court does not have the jurisdiction to hear it. But the bench decided on February 18 to proceed with the case, and gave the state 10 days to build their case.

“I cannot join and support something that is foreign to common practice in an open and independent democratic society and the conventions the Maldives is party to, and in direction violation of the Constitution of the Republic of Maldives,” said Azaan in his statement.

But Azaan insisted that he remains supporting of the government, and will work with the government to bring development to Addu.

He also said that he will not hesitate to hold state institutions accountable if the government fails to fulfil its pledges to Addu or address the concerns of his constituents.

“I will not be someone who goes to the people and ask them to vote for me again after failing to deliver the responsibilities the people charged me with for five years as I promised,” said Azaan.

The rushed passage of the bill on Wednesday came just one hour ahead of a hearing scheduled at the Supreme Court regarding a request for an injunction to suspend the enforcement of the anti-defection clauses.

But shortly before the hearing had been set to begin at 11:00 am, the JSC announced that three Supreme Court justices – Husnu Al-Suood, Dr. Azmiralda Zahir and Mahaz Ali Zahir – had been suspended in light of criminal investigations against them by the Anti-Corruption Commission (ACC).

With the suspension of the justices, the key constitutional case remains stalled.