Former Chief Justice: Addu vote rides on unconstitutional resolution

The upcoming referendum on creating separate councils in Addu City is unconstitutional, former Chief Justice Dr. Ahmed Abdullah Didi said on Thursday.

Didi, a native of Hithadhoo in Addu, wrote on X that the vote, scheduled for Saturday, is based on a resolution issued by President Dr. Mohamed Muizzu that violates Article 115(p) of the Constitution. The article empowers the President to hold referendums on matters of national importance, which Didi argues must be interpreted using a valid constitutional standard.

He stated that national importance refers to issues such as state sovereignty, national security, foreign policy, and major constitutional amendments. In contrast, administrative changes affecting only a portion of the country, such as altering the composition of Addu City Council, do not meet that threshold.

Didi argued that the President’s resolution falls outside the scope of constitutional authority and should be reviewed and quashed by an independent court.

He further noted that while the Constitution allows the President to create administrative areas and councils, such changes must comply with legal frameworks governing decentralization. Since Addu was declared a city in 2011, Didi said its council’s jurisdiction should cover all constituent districts.

“A separate unit within Addu City cannot form a council outside the jurisdiction of the Addu City Council,” he wrote. However, he acknowledged that sub-councils could be established to address local concerns in Feydhoo, Meedhoo, and Hulhudhoo, within constitutional bounds.

The referendum will ask residents of those three districts whether they support forming separate councils. While some favor decentralization, others prefer remaining under a unified city council.

The opposition Maldivian Democratic Party (MDP) and several civil society groups, including Transparency Maldives, Project Environment, Maldives Local Councils Association, and Zero Waste Maldives, have criticized the vote’s rushed timeline and limited participation. In a joint statement, they said the outcome would affect all Addu residents and it was unfair to exclude parts of the city from the vote.