The Supreme Court has decided to enter the Attorney General's (AG) office as a third party in the opposition's legal challenge against the Elections Commission's (EC) rejection of former President Abdulla Yameen's candidacy.
According to the constitution, if a presidential candidate has been convicted of a criminal offence and sentenced to a term of more than 12 months, three years must have elapsed since his release or pardon.
The EC's legal team advised members that Yameen does not meet the constitutional criteria as no court has overturned his 11-year sentence.
The Supreme Court decided that the AG office should be a party to the constitutional case filed over the EC's rejection of Yameen's candidacy. The judicature law offers the discretion for the court to involve parties with an interest in the case.
The main opposition Progressive Party of Maldives (PPM) also filed a third-party intervention, which the Supreme Court has granted.
A hearing of the candidacy case filed on behalf of Yameen has been scheduled for 3 pm on Friday. Notices have been sent to the EC and Yameen's lawyers. A judgment is expected on Sunday as the deadline for contesting in the presidential election elapses on Monday.
Yameen was sentenced to 11 years in prison after he was found guilty of accepting a USD 1.1 million bribe to lease Vaavu Aarah in the Maldives Marketing and Public Relations Corporation (MMPRC) corruption scandal.
The appeal of Yameen's conviction and sentence started at the High Court but only one hearing has been held since the Eid holidays. The case has stalled due to the leave of judges.
A constitutional case was also filed twice in the Supreme Court to ensure Yameen's electoral rights. Both times the court dismissed the case.
The constitutional provision on the eligibility of presidential candidates has been open to debate. Some lawyers believe that a constitutional case could be filed at the Supreme Court to interpret the sentence referred to in the provision as the final judgment after the appeal process is completed.
The People's National Congress (PNC) has decided to field Male' Mayor Mohamed Muizzu if Yameen remains barred from contesting.
