Questions have been raised regarding the eligibility of Abdul Azeez Jamal Aboobakuru for the position of Information Commissioner, as the Right to Information (RTI) Act stipulates that an individual may serve only a single term in the role.
The article of the RTI Act governing the tenure of the Information Commissioner states that the term of office for an appointee is five years. The law further specifies that the tenure may only be extended to a total of ten years if the People’s Majlis passes a resolution to retain the incumbent for an additional term.
Proponents of the view that Abdul Aziz is ineligible argue that since he has already completed a full five-year term in the post, the law precludes him from returning for a new term.
Legal experts consulted by Adhadhu also noted that the phrasing of the relevant statutory provision implies a prohibition on re-appointment for a non-consecutive term.
"Under the RTI Act, no individual is entitled to two separate terms. The only power granted to the Parliament is to extend the duration of an incumbent’s ongoing term to ten years," a legal counsel said.
Abdul Azeez served as the nation’s first Information Commissioner following the enactment of the RTI Act, holding office from 2014 to 2019. Since Parliament did not extend his tenure at the time, his current nomination would constitute a second, separate term.
The nomination of Abdul Azeez has also drawn criticism on other fronts. Concerns have been raised regarding his transition directly from a political appointment within the current administration to an independent oversight role, as well as his past record, with critics alleging that he failed to fully uphold RTI rights during his previous tenure.
Amidst these controversies, the Parliament’s Committee on Independent Institutions closed the window for public complaints against the nominee after providing a brief period of just six hours.
The move to appoint a new Information Commissioner comes at a time of major transparency concerns, with the President’s Office, various ministries, state institutions, and state-owned enterprises facing criticism for withholding information. The government has expressed dissatisfaction with the incumbent Information Commissioner, Ahid Rasheed, over rulings that have held the state accountable for failing to disclose information.
President Mohamed Muizzu has previously accused Ahid of acting as an "opposition agent" following orders from political rivals. However, Ahid has refuted these allegations, maintaining that he operates strictly within the mandate and responsibilities prescribed by law.
