VP can step in if Yameen's conviction upheld while serving has pres, lawyers tell SC

Former President Abdulla Yameen's lawyer Hamza Latheef has told the Supreme Court that the Vice President will take over the government while Yameen is in jail if he wins the presidential election.

The Election Commission (EC) has disqualified Yameen from contesting the upcoming presidential election following his 11-year jail sentence. The Supreme Court will hear the constitutional case filed by Yameen all of Friday.

At the hearing, Justice Azmiralda Zahir raised questions based on Hamza's plea that Yameen has the constitutional right to contest the upcoming presidential election. One of the judge's questions was what would happen if Yameen was given a chance.

"The Constitution envisions that a person serving a sentence can be elected as the President. The result of this would be that my defendant [President Yameen] will hand over his responsibilities to the state to his running mate, his senior lawyer, Dr. Mohamed Jameel Ahmed while serving his sentence”,at the hearing, which was also attended by Mohammed Jameel Ahmed, Hamza said in reply to Justice Azmiralda.

Hamza said Yameen wants the right to contest the presidential election and that right will not be an argument to escape jail even if he is in jail.

"It goes together that an electoral right cannot be restricted. We are not saying that just because a sentence has come against him, my defendant, he should not be in jail. Or that the sentence in itself is to be postponed," he said.

Justice Azmiralda asked Hamza about Hamza's statement that Yameen would hand over his responsiobilties to his Vice President while he was in jail.

"For example, he contested and was elected. If so, you are saying that he will be in jail but his responsibilities will be fulfilled by his Vice President?"

When Hamza said yes, Azmiralda asked, "Will there not be a legal vacuum under the Constitution again?"

Replying to the question, Hamza said the Vice President can run the country even if the President is in jail.

"I dont think there will be. Because I think the Vice President should fulfill those responsibilities in the event of the President's absence," Hamza said.

Hamza also mentioned some democratic countries that provide the right to contest elections while serving a prison sentence. He included South Korea, Spain, Romania, Macedonia, Moldova, Brazil, Slovakia, Georgia, Turkey and Italy.

Election Commission lawyer Mahfooz Saeed said on Hamza’s point that like the President, the Vice-President may be serving a criminal conviction.

If so, both of them would have to remain in jail and there is a possibility of a legal vacuum, he said.

"The pair may be serving a criminal sentence together in the same cell. So what happens? Doesn't it leave a legal vacuum?" Mahfooz questioned.

Mahfooz said that is why the Election Commission does not think Yameen's point is valid.

Yameen's request in this case: