AG: Constitutionally impossible to swear-in Muizzu on November 11th

Attorney General (AG) Ibrahim Riffath, on Wednesday, has stated it is constitutionally impossible for the president-elect to sworn-in on November 11^th without amending the presidential term.

November 11 had been the date for transition of administrations since 1968, until 2013, when the Supreme Court vacated the results of the first round of the presidential election. Abdulla Yameen Abdul Gayoom, who went on to win the election, took office on November 17.

Presidential terms have been counted from November 17 since then.

President Solih had previously stated he would end his term on November 11, despite his five-year term set to expire on November 17^th, to allow president-elect Dr. Mohamed Muizzu to be sworn-in on the date, if there are no legal obstacles.

Sharing the legal point of view in the issue, AG Riffath told Sun that five years has been specified as the term of a president under Article 107 (a) of the Maldivian constitution. He stressed that any changes to the five-year timeframe can only be brought by amending the constitution.

“There are factors to consider under Article 262 when initiating this amendment. It states a public referendum should be held before such an amendment,” he explained.

Riffath described the article in the constitution mandating is

President Solih, after his election in 2018, said he would conclude his presidential term on November 11^th.

If he were to resign on that date, in line with his earlier statement, the vice president will assume the post of the president. If the vice president resigns, the post will be assumed by the parliament speaker. If the parliament speaker resigns, the deputy speaker will assume the post. If the deputy speaker resigns, a parliamentarians appointed by a parliament’s resolution will assume the post.

Muizzu, from the opposition PPM-PNC coalition, won the presidential election runoff held on September 30^th with 54 percent of votes, beating MDP’s Solih, the incumbent president, who won 46 percent.