The Office of the Director of Public Prosecutions (ODPP) has filed an appeal against the acquittals of former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Acting Director of Public Prosecutions Nancy Tikoisuva confirmed that the Notice of Appeal was filed in the Court of Appeal Registry and served on the parties yesterday.
Sayed-Khaiyum had faced one count of abuse of office, while Saneem had been charged with one count of receiving a corrupt benefit.
The prosecution alleged that between 30 June and 21 July 2022, Sayed-Khaiyum, while Acting Prime Minister and Chair of the Constitutional Offices Commission, executed a second Deed of Variation and Addendum approving the payment or waiver of additional tax liabilities arising from Saneem’s back pay without the approval of the President or the Constitutional Offices Commission, as required under Section 136 of the Constitution.
It was further alleged that between 1 June and 31 July 2022, Saneem unlawfully sought and obtained a benefit exceeding $55,000 through the approval and payment or waiver of tax under the second deed without the required constitutional approvals.
Chief Justice Salesi Temo acquitted both men of the charges on 26 June 2026.
The ODPP said the State has filed 10 grounds of appeal, arguing that the trial judge erred in law.
According to the prosecution, the judge incorrectly treated the validity of the government contract with the former Supervisor of Elections as the central issue rather than addressing the offences alleged by the State.
The appeal also contends that the judgment failed to properly assess and analyse the substantial evidence presented during the trial, resulting in the acquittal of both respondents.
The State is asking the Court of Appeal to set aside the acquittals and enter convictions against both Sayed-Khaiyum and Saneem.
