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Ali Hussain v. State (Maldives)

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Ali Hussain v. State
CourtSupreme Court of the Maldives
Full case name Ali Hussain v. State (Attorney General's Office)
Started17 February 2025
Court membership
Chief JusticeAhmed Muthasim Adnan
Associate judges

Ali Hussain v. State (Maldives) (Case number: 2024/SC-C/02) is an ongoing constitutional case being held before the Supreme Court of the Maldives. The case was filed by lawyer and former Kendhoo MP Ali Hussain in November 2024 to challenge the Sixth Amendment to the Constitution of the Maldives, which introduced an anti-defection law for members of parliament (MP).

Hussain argues that although the parliament completed formal procedures, consultation was ignored and lacked scrutiny.[1]

Background

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See also: Sixth Amendment to the Constitution of the Maldives

On 20 November 2024, the People's Majlis passed the Sixth Amendment to the Constitution of the Maldives which introduced an anti-defection clause, additional powers to the president, territorial law changes, and foreign military presence regulations.[2]

Following the criticism and concern by the public, lawyer Ali Hussain submitted a case to the Supreme Court, seeking to revoke the amendment.[3] The Maldivian Democratic Party (MDP) and The Democrats later decided to intervene in the case, the latter later withdrawing.[4][5] Five days later, the court accepted the case.[6]

Supreme Court

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On 17 February 2025, the court heard arguments from both parties and whether the court has jurisdiction to hear the case.[7] The court later ruled that it does have jurisdiction after the state was unable to answer the justice's questions.[8][9]

Oral arguments

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Oral arguments were delivered on 17 February 2025.[10]

Ali Hussain's lawyer Mahfooz Saeed argued that MPs that defect or get expelled from a political party isn't a feature of a presidential system, which the Maldives follows.[11] Hussain also alleged that the amendment was passed without proper procedure being followed.[12] State attorney argued that if treating it as a law would make significant procedural problems.[10]

Reactions

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Government reaction

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In a report by Adhadhu, president Mohamed Muizzu called for an emergency cabinet meeting after the Supreme Court ruling that it can hear the case.[13] The President's Office's Spokesperson Heena Waleed denied this in a post on Twitter.[14]

Government interference

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After the court ruled that it can hear the case, Holhudhoo MP Abdul Sattar Mohamed, on behalf of the government, proposed an amendment to the Judicature Act to change the Supreme Court bench back to five justices, providing no explanation as to why.[15] The bill was later passed throughout the People's Majlis, and later on the Judicial Services Commission (JSC) suspended Husnu Al Suood, Azmiralda Zahir, and Mahaz Ali Zahir in connection an investigation by the Anti-Corruption Commission and disciplinary issues.[16][17][18] Suood later resigned in protest, and the fifth amendment to the Judicature Act was sent back to parliament by president Muizzu.[19][20] After Suood resigned, Hussain Shaheedh was appointed as a judge to fill in the vacant spot.[21] Ever since the judges were suspended, the court has been "paralyzed" and has been unable to hear the case due to constitutional cases only able to being heard by the SC's full bench.[22]

References

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  1. ^ Shahid, Malika (18 February 2025). "Dont believe amendment on MPs losing their seats was in accordance to legislative procedures: Lawyer Ali Hussain". The Edition. Retrieved 18 February 2025.
  2. ^ "President ratifies Sixth Amendment to the Constitution of Maldives". The President's Office. 20 November 2024. Retrieved 19 February 2025.
  3. ^ Mohamed, Mariyath (24 November 2024). "Case submitted to Supreme Court seeking to revoke constitutional amendments". The Edition. Retrieved 19 February 2025.
  4. ^ Rehan, Mohamed (24 November 2024). "MDP to intervene anti-defection case at Supreme Court". Sun. Retrieved 19 February 2025.
  5. ^ "Democrats walk out of SC case on constitutional amendment". Atoll Times. 18 February 2025. Retrieved 19 February 2025.
  6. ^ Zalif, Zunana (29 November 2024). "Supreme Court accepts case to nullify constitutional amendments". Raajje TV. Retrieved 19 February 2025.
  7. ^ "Heated questions after state claims no Supreme Court jurisdiction to hear anti-defection case". Sun. 17 February 2025. Retrieved 18 February 2025.
  8. ^ "Supreme Court greenlights anti-defection case as state's arguments fall short". Sun. 18 February 2025. Retrieved 19 February 2025.
  9. ^ "Amendment on MP disqualification: Supreme Court rules it has jurisdiction to hear the case". Adhadhu. 18 February 2025. Retrieved 19 February 2025.
  10. ^ a b "Supreme Court grills state attorneys over jurisdiction on constitutional challenge". Maldives Independent. 18 February 2025. Retrieved 19 February 2025.
  11. ^ "Ali Hussain: Rushed constitutional amendment made in violation of procedure". Sun. 18 February 2025. Retrieved 19 February 2025.
  12. ^ ""Empowering parties to disqualify MPs undermines people's power and is not part of a presidential system"". Adhadhu. 17 February 2025. Retrieved 19 February 2025.
  13. ^ "President Muizzu calls for emergency cabinet meeting after Supreme Court ruling". Adhadhu. 18 February 2025. Retrieved 19 February 2025.
  14. ^ Heena Waleed [@MvSpokesperson] (18 February 2025). ""ސުޕްރީމް ކޯޓުގެ ނިންމުމަށްފަހު ކުއްލި ކެބިނެޓް ބައްދަލުވުމެއް" މި ސުރުޚީގެ ދަށުން އަދަދު ނޫހުން ގެނެސްދީފައިވާ ޚަބަރަކީ ކަނޑައެޅިގެން ދޮގެއް. އެއްވެސް ސައްހަ ކަމެއް ނެތް މިފަދަ ދޮގު މައުލޫމާތެއް، ރައްޔިތުންނަށް އޮޅޭ ގޮތަށް ގެނެސްދިނުމަކީ ބަލައިގަނެވޭނެ ކަމެއްނޫން. މިކަމާ ގުޅިގެން ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީހުން މި މައްސަލަ މީޑިއާ ކައުންސިލަށް ހުށަހަޅާނެ ވާހަކަ ދަންނަވަން" [The headline "Emergency Cabinet meeting after Supreme Court decision" is a false news report. False news reports to trick the public is unacceptable. The President's Office will report this to the Media Council.] (Tweet) (in Divehi). Retrieved 19 February 2025 – via Twitter.
  15. ^ "Government proposes bill to reduce number of Supreme Court justices". Adhadhu. 24 February 2025. Retrieved 28 February 2025.
  16. ^ Osmanagic, Ameera (25 February 2025). "Parliament committee approves SC downsizing bill, Anara abstained". The Edition. Retrieved 28 February 2025.
  17. ^ Shahid, Malika (26 February 2025). "JSC suspends Supreme Court judges Su'ood, Azmiralda and Mahaz". The Edition. Retrieved 28 February 2025.
  18. ^ Shahid, Malika (27 February 2025). "JSC probes into disciplinary cases of suspended Supreme Court judges". The Edition. Retrieved 28 February 2025.
  19. ^ "Suood resigns in protest against President Muizzu's intimidation of judges". Adhadhu. 4 March 2025. Retrieved 11 March 2025.
  20. ^ "President Muizzu returns bill to shrink Supreme Court bench for Majlis reconsideration". Adhadhu. 11 March 2025. Retrieved 11 March 2025.
  21. ^ "President appoints Uz Hussain Shaheedh as the Justice of the Supreme Court". The President's Office. 19 March 2025. Retrieved 19 March 2025.
  22. ^ "One-and-a-half months have passed since the Supreme Court was paralysed". Adhadhu. 15 April 2025. Retrieved 18 April 2025.
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