Results of Round One of Presidential Elections 2013

Round One of Presidential Elections were held on 7th September 2013. However, that election was annulled by the Supreme Court of Maldives. The First Round was eventually held on 9th November 2013. No candidate secured the necessary 50% plus in this round. A run off is scheduled to be held on 16th November between the two front runners, Mohammed Nasheed and Abdullah Yamin. This blog post gives the details of the votes won by the three participation candidates, box by box. This data is being provided for academic purposes only. While all care was taken to ensure accuracy, the author takes no responsibility for any errors. The source of data is the Elections Commission of Maldives. Click here for the detailed results. R1 Results

Supreme Court Okays Gayoom candidacy

"When I use a word," Humpty Dumpty said, in a rather scornful tone, "it means just what I choose it to mean - neither more nor less." –Alice in Wonderland

In a landmark ruling, the Supreme Court this afternoon determined that the Election Commission's decision to accept Maumoon Abdul Gayoom's candidacy was constitutionally valid. The apex court gave this verdict while dismissing a case filed against the Commission by Social Liberal Party.

While delivering the verdict Chief Justice Abdullah Saeed said that in drafting Article 107 (Haa) of the Constitution the People's Special Majlis had not intended in spirit to bar those who had earlier served two terms. Incidentally Justice Saeed's declaration is in harmony with the statement DRP Zaeem Gayoom made on the issue at a party rally in Kalaafaanu School on January 18.

"People's Special Majlis has passed certain provisions in connection with my candidacy for the presidency…," Gayoom told his supporters, "In fact it was DRP members who proposed and voted for what was passed by the Special Majlis. No other party member voted for it. This shows what was passed was what DRP wanted. And it allows me to stand for the coming election as was your decision…"

This statement is however sharply out of tune with the 5^th point of President Gayoom's (9 June 2004) reform agenda, which proposes "to limit the number of terms anyone can hold the office of president to two terms of five years."

In its law suit Social Liberal Party had argued that Gayoom's candidacy violated Article 107 of the Constitution, on the grounds that he has already served more than the 2 terms stipulated in the Article. But lawyers on behalf of the Election Commission and Gayoom responded saying the country has adopted a new Constitution, under which Gayoom can contest two more terms.

SLP lawyers had argued at length on the intention of the Article in limiting the terms of any president to two, saying that if Gayoom is allowed to run another two terms, the whole purpose of the painstaking reform process was in vain.

The decision of the Supreme Court is final on this matter. SLP leader ibra has in the meanwhile issued a statement saying he respected the Court's decision, even though he is not in agreement with it.

Should the Supreme Court hire expatriate legal consultants?

Despite an opposition walkout, the nomination of judges to the Supreme Court was steamrolled through the Majlis on Thursday. Later the same day the apex court was established with Abdullah Saeed as its acting head. Why was the opposition less than enthusiastic about being onboard?

Opposition MDP had on 6 September issued a statement expressing concerns about lack of suitably qualified judges for the Supreme Court. The specific concern was the lack of constitutional expertise, particularly at a crucial juncture when the Court will often be required to interpret the Constitution. The amended Constitution is based on liberal democracy, a rather novel concept for serving judges in the Maldives, as it is not part of their training or experience. To bridge this gap, MDP had suggested appointing some expatriate legal experts to the Court. Two days later DRP rejected the proposal on nationalistic grounds.

Now that judges have been appointed to the Supreme Court, let's have a brief look at their CV to see if opposition fears were justified:

1. Justice Abdullah Saeed did his first degree in Islamic Sharia and Law. Subsequently he did his masters in Malta and is currently pursuing PhD studies in Maritime Law. He is licensed to practice law in the European Union.
   


2. Justice Ahmed Faiz Hussein has a degree in Islamic Sharia and Law, and has held the position of judge at the High Court.
   


3. Justice Abdullah Areef has a degree in Islmaic Sharia and Law, and has been the presiding judge at the Criminal Court for many years.
   


4. Justice Yousuf Hussein has a degree in Islmaic Sharia and Law from Madinah University, and has been the presiding judge at the Family Court.
   


5. Justice Mujuthaz Fahumy has a local certificate of training as judge, and has been the presiding judge at the Civil Court.
   

Apart from MDP and JP members of the Majlis, legal experts cutting across the political spectrum had also expressed their concerns when the candidates were announced. Even legal reform minister Mohammed Nasheed also expressed his disappointment that none of the candidates had any formal exposure to the common law. Husnu Suood had raised his concern with many Majlis members. Liberal Party leader Ibra expressed his disappointment saying, "We are talking about the people who will interpret the Constitution made for a liberal democracy with Maldives ready for the 21st century."

Now that the heat and dust of the politicized battle for the Supreme Court is over, it's perhaps time for the Justices themselves to take a long and hard look at themselves to see if they are up to the task entrusted to them. If not they must seriously consider hiring a team of legal experts from abroad to advise them. Let good sense prevail.