SC judges' suspension, JSC appointment coincidence: President
The suspension of the judges has effectively stalled proceedings in the constitutional case for over two months.
President Mohamed Muizzu stated that the suspension of three Supreme Court judges following the appointment of a new member to the Judicial Service Commission (JSC) was coincidental.
At a press conference held on Saturday, President Muizzu was asked whether the two events were connected. The President responded that he had no prior knowledge that the suspensions would follow the change in JSC membership.
Initially, Mohamed Sameer, a lawyer with previous experience in the Prosecutor General’s Office and the Attorney General’s Office, was appointed to the JSC. However, he was removed from the position on 23 February. Yazmeed Mohamed, a former Anti-Corruption Commission member and a known activist of the People’s National Congress (PNC), was then appointed. Yazmeed has no judicial experience.
Following this, several developments took place:
-
On 26 February, Parliament passed a bill to reduce the number of Supreme Court judges from seven to five. This would require the removal of two judges. The President later decided not to ratify the bill.
-
On the same day, the JSC suspended three Supreme Court judges who were present to preside over a constitutional case.
-
The case in question involved a request for an interim order to halt the implementation of amendments made by Parliament to the constitutional conditions under which Members of Parliament may lose their seats.
When questioned about the appointment of Yazmeed Mohamed and the removal of Mohamed Sameer, the President did not provide specific reasons. He said, “It’s just a coincidence. I didn’t know in advance that something like this was coming.”
In response to questions about whether he had influenced decisions in the judiciary, President Muizzu denied any involvement, stating: “I am obliged by law to appoint them. That is why I appoint them. Both to the JSC and other independent institutions. But I will not tell them what they should do.”
The suspension of the judges — Justice Husnu Suood, Justice Dr Azmiralda Zahir, and Justice Mahaz Ali Zahir — has effectively stalled proceedings in the constitutional case for over two months. Supreme Court rules require at least five judges to hear a constitutional matter. With only four active judges following the suspensions, the bench cannot currently proceed.
Under the Courts Act, changes to the bench are typically made only when a judge resigns or requests to step down from a particular case.
