Former President Abdulla Yameen has requested to give the Progressive Party of Maldives (PPM) the opportunity to nominate another presidential candidate if the Supreme Court rules against him.
Yameen is currently in jail 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.
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.
Despite the legal hurdles, Yameen submitted candidacy papers with his former Vice President Dr. Mohamed Jameel Ahmed as the running mate.
The Elections Commission (EC) legal team advised members that Yameen does not meet the constitutional criteria as no court has overturned his 11-year sentence. His candidacy was rejected last Tuesday.
The candidacy rejection case was filed at the top court with the first hearing beginning at 4 pm Friday.
Yameen eligible to contest, lawyers argue
Yameen's lawyer Hamza Latheef said they have requested to grant the opportunity for PPM to nominate another candidate if Yameen cannot contest.
“If Abdulla Yameen cannot submit his candidacy, the PPM should be given the opportunity to submit another candidate. And depending on how this court decides, Abdulla Yameen should be given the opportunity to resubmit his candidacy papers,” Hamza said.
He noted that they have requested the court to declare EC's decision null and void and asked to declare Yameen eligible to contest the September 9 presidential election.
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.
Yameen's lawyers argue that he is eligible to contest as the appeal process has not been completed in the Aarah bribery conviction.
He was sentenced by the Criminal Court and the appeal proceedings have been ongoing in the High Court. Yameen would also have the opportunity to appeal at the Supreme Court.
Hamza further argued that in the event that Yameen's conviction is upheld by the apex court after he becomes President, his Vice President would assume power for the remaining days of the government.
The deadline for nominations for the September 9 presidential election expires on Monday.
