High Court upholds dismissal of graft case against Jihad
The Criminal Court had previously dismissed the charges against Jihad in a pre-trial motion, citing defective charges.
High Court has upheld the court's registrar’s decision to dismiss a case filed by the Prosecutor General’s Office against former Vice President Abdulla Jihad.
The case, involving allegations of misconduct during Jihad’s tenure as Finance Minister, has been a contentious legal matter, culminating in the latest High Court ruling.
The case stemmed from Jihad’s role in signing a joint venture agreement during his time as Finance Minister under former President Mohamed Waheed’s administration. The cabinet had approved a joint venture with a 50% government stake to develop the K. Fushi Dhiggaru lagoon as a special tourist zone.
However, Jihad allegedly signed a joint venture agreement with a reduced government stake of 25% in partnership with Prime Capital Maldives Limited.
The Criminal Court had previously dismissed the charges against Jihad in a pre-trial motion, citing defective charges. The prosecution sought to appeal this decision in the High Court but faced procedural hurdles.
When the case was first filed, the summons sent to Jihad’s address was delayed due to his being abroad. The prosecution was given 15 days to resubmit the case but missed the deadline by two days. The High Court Registrar refused to register the case, prompting the prosecution to appeal the registrar’s decision.
A three-judge bench of the High Court reviewed the appeal, resulting in a majority decision upholding the Registrar’s action.
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Majority Opinion: Justices Huzaifa Mohamed and Dheebanaz Fahmee ruled that the prosecution failed to provide a valid explanation for why the Registrar’s decision was unlawful. They emphasised that the procedural rules had been clear, and the prosecution’s delay in filing was unjustified.
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Dissenting Opinion: Justice Hassan Shafeeu dissented, arguing that the case should have been accepted as the address clarification had been completed, and the two-day delay was not significant enough to justify dismissal.
This decision marks another legal victory for Jihad, who is currently the Chairman of the Maldives International Financial Services Authority, a government body focused on offshore financing and development banking.
The case highlights the importance of adherence to procedural deadlines in the judicial process. It also raises questions about the handling of high-profile corruption allegations and the potential impact on public trust in the justice system.
While the High Court’s ruling resolves the procedural aspect of this case, it remains to be seen whether the prosecution will pursue further legal avenues or whether this marks the end of the charges against Jihad.
