AG Usham has stated that ordering the annulment of a council's statement is not legally permitted to the LGA and assured he has offered his legal advice to the authority.
Attorney General Ahmed Usham has stated that the Local Government Authority (LGA)’s decree to annul the statement by Kendhikulhudhoo Council is not of legal standing.
The statement of the opposition-led council alleges that the Executive is misusing State resources to campaign for affiliate candidates in the upcoming parliament elections amid the President’s ongoing tour across the islands.
Addressing this, LGA had delivered a letter to the council stating that councils are mandated to impart services within the responsibilities and facilities that must be delivered to the citizens by the State as instructed by the Constitution, alongside the essential procedures to facilitate these services within the decentralization policy. This letter had further stated that councils do not reserve the right to issue statements opposing the government’s decisions.
In response to an inquiry by Mihaaru News during the press conference held on Wednesday, Usham maintained that the Constitution has stipulated LGA’s course of action once unlawful conduct within councils are observed.
He asserted that as mandated in the Constitution, action can be taken in order to ensure the completion of certain stages.
Usham said that while the matter is clearly spelled out in the Constitution, he does not believe LGA reserves the right to order the annulment of a council’s statement.
“Once this happened, I approached LGA as a legal advisor and informed them that I do not believe LGA can proceed in such a manner and that I maintain that even in the instance that a council acts in contravention of the law, LGA must conduct investigations into any such case within the boundaries of the law,” Usham said.
Although LGA had decreed the annulment of the statement, the council had refused their order. Addressing the matter on Facebook, President of the Council had asserted that the statement will not be rescinded as long as a legal reason for its annulment is lacking.
President Dr Mohamed Muizzu had also stated that he does not condone LGA’s conduct in taking action against the Councils. President Muizzu had further stated that chastising councils and obstructing them are against his policy.
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