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Opposition moves Supreme Court questioning who is President. Photo/PPM

Opposition seeks SC ruling on 2 presidents claim

Opposition coalition lawyer Mohamed Ragib said president Solih would not be able to "exert force" on the president's post after Faisal was sworn in.

27 February 2023

By Mariyam Umna Ismail

Opposition PPM/PNC coalition on Monday filed a constitutional case in the Supreme Court questioning vice president Faisal Naseem's swearing-in as acting president last year.

Vice President Faisal was sworn in as president on February 25 last year when President Ibrahim Mohamed Solih underwent a surgery in Singapore. This is because, according to the constitution, if the president is unable to perform his duties, so the vice president has to shoulder those responsibilities.

  • Article 123 of the constitution states that n the event the president believes himself temporarily unable to perform the duties and responsibilities of office, he shall inform the parliament speaker in writing specifying the reasons thereof and shall handover the duties and responsibilities of his office to the vice president

  • According to Article 123, the president shall resume the responsibilities of his office after informing the speaker

  • The opposition has questioned the fact that the constitution does not state that the vice president should be sworn in to assume the duties of the president in an acting capacity, and the opposition believes that Faisal is the president after that day

  • The opposition has also declined to respond to this year's presidential address, saying it was not the president giving it

Speaking to reporters Monday morning after the case was filed in the Supreme Court, opposition coalition lawyer Mohamed Ragib said president Solih would not be able to "exert force" on the president's post after Vice President Faisal was sworn in.

"If that's the case, we're concerned that Ibrahim Mohamed Solih is holding down a fort where he's not president, or moreover is unrightfully interfering in everything in the country, and this worries us" he said.

"So, what happens again in the upcoming elections is hard to imagine, how things will go ahead under his management with someone of this stature."

Ragib said Faisal was the president after being sworn in as the president and that Solih's misuse of that position amounted to corruption. He also expressed concern over the non-appointment of a vice-president since then.

While the court is yet to take a decision on accepting the opposition's petition, the opposition had moved the case in court last year as well. The court did not accept the plea then.

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