Muizzu inauguration can proceed despite deadlock, state tells SC

The state told the Supreme Court on Monday that there is no bar on president-elect Dr Mohamed Muizzu's swearing-in even if a decision is not taken on the motion to remove speaker Mohamed Nasheed. The state, however, said there were chances of hurdles in approving the new government's cabinet.

The Attorney General's (AG) Office told the court that the MDP and Attorney General Ibrahim Riffath's stand is that no further work can be done in parliament without a decision on the no-confidence motion against speaker Mohamed Nasheed.

The MDP has previously said that if the president-elect takes oath without a vote on Nasheed's motion, the oath will not be valid. However, the MDP later said it would not prevent Muizzu from being sworn in.

One of the two requests made by the MDP in its constitutional petition to the Supreme Court to find a way to proceed with the case is to declare that “no other business in the parliament” can be conducted without a decision on the motion against Nasheed.

MDP believes that nothing more can be done without deciding Nasheed's case, based on Article 205(d) of the rules of  procedure of parliament. The article says:

The MDP legal team believes that no further sitting can be held without deciding the motion.

The first hearing of the case filed by the MDP was held Monday morning. Justice Husnu Al Suood asked the state whether the provision would prevent the president-elect from taking oath.

Replying to the question, Counsel General of the Attorney General's Office Fathimath Haleem said the president-elect would not be prevented from taking the oath.

With that, Husnu Al Suood asked if it could "prevent the approval of the new cabinet”.

Replying to the question, Fathimath Haleem said there might be an issue in approving the new government's cabinet.

Although the Attorney General's Office believes that the president-elect can be sworn-in despite the deadlock, the state agrees with MDP that Nasheed's impeachment sitting should be conducted without deputy speaker Eva Abdulla. The state also asked the court on Monday to rule that Nasheed's motion could be continued in Eva's absence, as proposed by the MDP.

Suood's next point was related to the fact that according to the article, no further decision can be taken was declared "after it is submitted to the meeting".

Responding to the query, Fathimath Haleem said:

"So, our interpretation is that after 14 days, predication will be presented. This means that nothing more can be done unless this has been done," said Fathimath Haleem.