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Dr. Mohamed Waheed Hassan Maniku, a legitimate President?

Dr. Waheed takes oath of office as President
The third President of the second Republic of the Maldives, Mr. Mohamed Nasheed was forced to step down, after what appeared to be a historic Mutiny of the Maldivian Police Service. Nasheed resigned in his office, in front of media and on television, people of the island nation witnessed Nasheed as he humbly said those words,

 "I resign because I am not a person who wished to rule with the use of power ... I believe that if the government were to remain in power it would require the use of force which would harm many citizens"

Second in command that day in Maldives was Dr. Mohamed Waheed Hassan Maniku. 

Elected Vice President

2008 was perhaps the most important year in modern Maldivian history. The first ever Multi Party democratic elections were held in the country, after a 30 year long autocratic rule by then President Maumoon Abdul Gayoom. A nation stood divided, Pro-Gayoom supporter on one side and Anti-Gayoom elements on the other. 

Maldivian Democratic Party (MDP), the first registered political Party in the country, the beginning of the modern democratic movement in the country, nominated Nasheed after a party primary.

Dr. Waheed was then (and still remains) leader of the minority political faction, Gaumee Ittihaad, that emerged out of MDP. He himself  also had declared his intentions to run for the Presidency. 

Nasheed making the friendly gesture to his old colleague, invited Dr. Waheed as a running mate. After the first rounds of election, it was a battle between Gayoom and Nasheed. Naturally all political organisation other than that of Gayoom's Dhivehi Rayithunge Party (DRP) and his younger brother Yameen's Peoples Alliance, joined hand in hand and allied behind Nasheed.

With a united alliance, Nasheed won the elections and became the first democratically elected President of the Country. Dr. Waheed being the running mate, became the first elected Vice President of the Country.

Vice President becomes President by Law

As per Article 112(d) of the Constitution of the Republic of Maldives "If the office of the President becomes vacant for any reason, the Vice President shall succeed to the office of the President".

Dr. Waheed was the Vice President of the outgoing President Nasheed, thus legally he is obliged to take up the responsibility as the President of the Country according to Article 112(d). Dr. Waheed took oath of office on 7th February 2012 in a small ceremony that was held in the Parliament. 

With no doubt he is a legitimate President of Maldives. 

Argument being, that Nasheed was forced into resignation, metaphorically at gun point, with no backing and support from his security forces, and conspiracy involving Dr. Waheed's knowledge of a  Coup d'état (Coup) is not sufficient to deny the legality of Dr. Waheed as a President. Clearly there has been no breach in the legal, Constitutional process of transition. 

However, it is imperative that an independent inquiry/investigation be made into the events that led to the resignation of Nasheed. This investigation should of course be transparent in every expect. Information. evidence and documents of any such investigation should be shared and observed by international representative (Foreign Observers). Events that unfolded prior to the resignation of the President must and should be looked into and the people of the nation have a right to know the truth behind it. 

Unless it is proven that this was not a Coup, the possibility of it being a Coup should not be left out!!! 

Presidential Address - Peoples Majlis 

Article 84 of the Constitution states that "At the beginning of the first session of each year at the first sitting, the President shall address the People's Majlis on the state of the country, and may present proposals for improving the state of the country to the People's Majlis". 

1st March 2012 was that day in the Maldives, the first session of the first sitting of the Majlis for the year 2012. As stipulated in Article 84 of the Constitution, President Waheed was scheduled to deliver the Presidential Address to the Peoples Majlis (Parliament). Opposition MDP Members of the Parliament prevented Dr. Waheed from delivering his address to the Majlis. 

After continued dialogue and negotiation between Dr. Waheed and MP's, the President had also supported a proposal for the People's Majlis to decide a date for an early election. However, efforts for a peaceful way forward was not achieved and the Speaker postponed the session of the Majlis. 

On ethical and moral standards, the acts of the opposition MP's cannot be justified, and behavior was seen to be uncivilized and unacceptable. 

It should be noted that unless the Parliament is not officially open, the constitutional duty of the President cannot be fulfilled. 

Dr. Waheed has a right to address the Parliament, and that right should be given to him.

CORRECTION:  Naturally all political organisation other than that of Gayoom's Dhivehi Rayithunge Party (DRP) and his younger brother Yameen's Peoples Alliance, joined hand in hand and allied behind Nasheed.

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