The third hearing of President Nasheed’s High Court appeal challenging the legitimacy of the Hulhumale’ Magistrate Court was held today. President Nasheed’s legal team reiterated their initial basis for filing the appeal, restating the procedural issues of the case filed against President Nasheed at the Hulhumale’ Magistrate Court.
In light of the Supreme Court ruling legitimising the Hulhumale’ Magistrate Court, President Nasheed’s legal team argued on the principle of per incuriam, citing that a lower court need not abide a legal precedent established by a higher tier court, if that precedent was set unlawfully or without reference to an existing legal provision or statute.
President Nasheed stated to the High Court that a resolution of the procedural issues raised by his appeal is essential to ensure a just trial. He further stated that an unjust trial would not just affect him, but thousands of Maldivians who elected him as their Presidential candidate. He expressed hope that the trial against him would be just and follow due process.
The High Court will rule on President Nasheed’s appeal tomorrow morning.