Malaysian company Nexbis has filed a case against the Anti Corruption Commission (ACC) claiming that the ACC had violated the constitution in its dealing with Nexbis and sought a temporary court order to stop the ACC from sharing information regarding the case until the court settled the matter. The case filed by the ACC pleaded that while the case on the Border Control System agreement which was signed on October 17, 2010 is ongoing at court the ACC should be barred from speaking out about the case in various public forums and asked for a public apology from the ACC for tarnishing the company’s reputation through its actions.
It was cited that the ACC has become an obstacle for the company to conduct business in the Maldives and establishing the border control system and that the ACC could also bar Nexbis’ right to a fair trial as stipulated under Article 42 of the constitution.
It also stated that the ACC violated Article 43 of the constitution which entitles Nexbis to fair administrative action and given that Article 141 of the constitution states that no officials performing public functions, or any persons, shall interfere with and influence the functions of the courts, pleaded the court to order the ACC to stop sharing information regarding the case.
The lucrative MVR500 million border control system project case had been ordered several times to halt the project on allegations of corruption over its awarding by the ACC however the Civil Court had ruled that the ACC had no authority to order the halt of the project. Following which, the ACC had made an appeal at the High Court which ordered immediately halting the work on the project.
However the Supreme Court issued a “Mandamus Order†stating that the changes brought to the bench of Judges presiding over the BCS project case on May 3, 2012 was in violation of the constitution effectively dismissing all decisions taken by the bench on the case.
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