Anyone including Yameen can file election nomination, EC chief says

Elections Commission President Fuad Thaufeeq has said that former president Abdulla Yameen, as well as anyone else can contest the presidential election and there is no bar on it.

The PPM coalition has been making statements indicating that the Elections Commission has said that there is no bar on Yameen contesting the upcoming elections. However, filing nominations and getting a chance to contest elections are two completely different things.

At a press conference held by the party on the night of May 1, the interim head of the coalition, Abdul Raheem Abdulla made the same statement.

"The Election Commission of the Maldives has said that there is no bar on Yameen from contesting the presidential elections," Abdul Raheem said.

"It is just four months for the presidential elections. When the Election Commission says so, he is being held without a chance to even campaign. They’re holding him without even giving this opportunity."

On the other hand, there is something amiss with Abdul Raheem's version. Yameen contesting the presidential election and filing of nominations are two different things.

Even a person convicted of the most serious offences and sentenced to jail is not barred from filing his nomination papers for the presidential election. The form will also be accepted by the EC. Whether a person can contest elections or not will be decided by the members of the commission based on research. EC members have 48 hours legally to make such a decision.

"It's not just about President Yameen. Anyone can file their nomination papers. Whether or not to accept the application forms will be decided later," Fuad said.

Yameen has been sentenced to 11 years in prison for bribery and money laundering. However, on his behalf, the verdict has already been challenged in the High Court.

According to the constitution, if a person has been sentenced to more than one year in a criminal offence, it must be three years from the date of completion of the sentence or remission before the person can be allowed to make a presidential candidate stand.

Fuad said EC members will look into a number of issues when a candidate files his nomination papers. It will also take into consideration the decisions taken by various courts in the past, he said.

"The nomination will be reviewed and after discussion among five members, a decision will be made with at least three votes," Fuad said.

No matter what decision is taken, the  issue can be appealed at the Supreme Court. Therefore, if there is a legal question about a presidential candidate, the country's highest court will have the final say.

As long as the High Court does not overturn Yameen's conviction, he faces legal hurdles in running for president. However, even with the hindrances, he can file his nomination papers to contest the elections. Even if the EC does not accept the form on the basis of the present verdict, it can be taken up with the Supreme Court. If the EC accepts Yameen's candidacy, others can take the case to the Supreme Court.

According to some in the party, Abdul Raheem is saying that there is no bar on Yameen from contesting the presidential elections. This, they say, is because the leadership has the idea of not fielding a candidate even if Yameen cannot contest at the last minute.

In the first presidential election held in 2008 under the constitution, two private parties had filed two cases in the then Supreme Court alleging that MDP candidate Mohamed Nasheed and then president and DRP candidate Maumoon Abdul Gayoom did not meet the criteria. The court, however, held that both of them met the eligibility criteria.

This is the first time that a person serving more than a one-year sentence is contesting the presidential election. 

The Constitution does not say that the verdict should be upheld by the supreme court. However, the ruling coalition said Yameen's eligibility would be revoked if the Supreme Court upheld the ruling.

Since this was not a previous issue, it is widely believed that if the High Court does not overturn the verdict, Yameen will have to approach the Supreme Court to decide on his candidacy.