With Nasheed’s resignation, VP taking oath of office as President does not contradict the law: PG

Prosecutor General Ahmed Muizz has said that when an incumbent President resigns from his office in accordance with constitutional procedures, the act of the serving Vice President taking oath of Office as President does not contradict the law.

PG Muizz’s statement indicated that, since there was a letter written by ex-President Nasheed by hand addressed to the Speaker tendering his resignation from his post as President of Maldives, and since the said letter was received by the Speaker, this completes the requirements of Article 121 (a) of the Constitution for the resignation of a President.

However he said that if the former President Nasheed claims that his resignation resulted from undue influence on him or under circumstances outside his free will, investigations can be conducted on the activity that surrounds the incident, and, in the light of the finding of such an investigation, a decision can be given by the constitutionally empowered authority on the validity of former President Nasheed’s resignation.

The statement did not say who the ‘constitutionally empowered authority’ is, though it indicated that under clause 233 of the Constitution it was the Prosecutor General’s responsibility to uphold the constitution, law, individual rights and freedom.

Some social media networks report that analysts interpret the statement as an advice to former President Nasheed to follow constitutional procedure to establish his claim that he resigned under duress.

PG Ahmed Muiz is a classmate and close ally of former President Nasheed. He was also Mr. Nasheed’s lawyer, pre 2008.