GMR investigations obstructed due to legal technicality: ACC

Anti-Corruption Commission (ACC) of the Maldives says that it is facing challenges in the investigation on the government’s contract with Indian company GMR to lease the Ibrahim Nasir International Airport to the latter, due to a clause in the contract determines English law as the governing law of the contract.

Speaking to Sun Online today, Hassan Luthufee, President of the ACC, said that the biggest challenge was that posed by the said clause. He also said that once the Supreme Court makes a decision in the case filed by the Attorney General regarding the GMR issue, ACC might find a way to take a sound decision in the matter.

“The agreement says that it is subject to the laws of the United Kingdom, and this creates a lot of problems for us. Should we refer to UK law to solve problems that arise later? If a final answer is given to this question, it would be easier for us. However, we are currently concentrating on the bid evaluation process and on what happened during the bidding process”, said Hassan.

The Attorney General has filed a case claiming that the agreement between the government and GMR would come under the jurisdiction of Maldivian courts. While the Supreme Court is yet to make a decision on the case, it had previously issued a press statement saying that an arbitration process going on in another country over a contract executed in the Maldives should not affect the jurisdictional authority of the Maldivian courts over the contract and dealings related to it.

Hassan said that the ACC has been conducting three separate issues related to the GMR-government agreement. One is the issue of permitting GNR to reduce 25 US Dollars per passenger who uses the Airport every year from the annual concession fees due from GMR to the Maldivian government. Hassan said that the Commission was already questioning concerned individuals.

“This investigation would not take long”, Hassan said.

The second issue that the ACC is investigating is the conduct of the bidding process that preceded the awarding of the contract to GMR by the Maldivian Government during the presidency of former President Mohamed Nasheed. Hassan said that this issue was also being investigated thoroughly, and that the ACC is considering hiring a foreign consultant to be used in the investigation.

Attorney General Aishath Azima Shukoor has said that it is very important to know what the ACC and the Auditor General have to say about the GMR agreement.