
AG says impossible for Muizzu's swearing-in on November 11
Riffath points out that there is no possibility of changing the Constitution because there is not enough time to do so before the expiry of the term.
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By
Fathmath Ahmed Shareef
Attorney General (AG) Ibrahim Riffath said on Wednesday that there is no longer any way president-elect Dr Mohammd Muizzu can take the oath of office on November 11, as had been done traditionally by presidents.
Until 2013, the date for the swearing-in of new presidents was November 11, which is celebrated as Republic Day. However, the 2013 presidential election was annulled by the Supreme Court and the winner was sworn in on November 17.
The constitution stipulates that the presidential term is five years, and the incumbent won the 2018 election on November 17 of that year. However, President Ibrahim Mohamed Solih said he would ensure that his successor would be sworn in on November 11.
The president had said after the September 30 election that he would arrange for Muizzu to be sworn in on November 11, if there was no legal obstacle.
However, AG Riffath told Atoll Times on Wednesday that there is no way to make the arrangements now.
Riffath said that if it is to be done, there are two ways to go about it:
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Amend the provision of the constitution that defines the term of the President
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The resignation of all persons, who are stipulated in the constitution to take over the government in the absence of the President and Vice-President
Therefore, there is no legal basis for him to be sworn in before November 17, he said.
Even if President Solih resigns to allow President-elect Muizzu to be sworn in on November 11, the Vice President will remain.
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If the Vice-President resigns, the Speaker of Parliament will take over the government
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In the event that the Speaker of Parliament also gives up the opportunity and resigns, a member approved by the majority of Parliament will take over the government temporarily
The next option is to amend the constitution. Riffath points out that there is no possibility of changing the constitution because there is not enough time to do so until the expiry of the term.
According to the constitution:
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If the presidential term is to be changed, a public referendum must be held
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It will also take time to pass the bill
"There is no rule in the law to extend the term. There is no legal permission to shorten the term except by amending the constitution. Therefore, there is no way for the President-elect to be sworn in on November 11”.