In a unanimous ruling on Wednesday, the full bench of seven judges of the Supreme Court ruled that the Elections Commission's (EC) decision to reject former President Abdulla Yameen's presidential candidacy was correct.
The EC had declined to accept Yameen's candidacy application on last week Sunday, citing his ongoing 11-year prison sentence for charges of bribery and money laundering.
Article 109 of the Maldives Constitution, stipulates that a candidate must not have a criminal sentence exceeding 12 months, or three years must have elapsed since their release or pardon. Yameen's defense contended in the Supreme Court that the Constitution refers to a final judgment. Given that his verdict is under appeal in the High Court with a potential for alteration, his legal team argued that he should retain the fundamental right to participate in the elections, as mandated by the Constitution.
During the seven-hour hearing in the Supreme Court on Friday, Yameen's legal team emphasized his eligibility to run for election despite his incarceration. Yameen's defense said that in the event he is elected while serving his sentence, the elected Vice President would assume the presidential responsibilities. The judges inquired whether similar provisions exist in the legal systems of other countries. Yameen's lawyers pointed out that while such specific provisions may not exist in Maldives, the Constitution is generally interpreted as allowing for such circumstances.
The judgment delivered addressed the raised points in relation to this matter.
(Details to follow)
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