The State has applied to stay civil proceedings brought by former Supervisor of Elections Mohammed Saneem over $54,443.71 in unpaid leave entitlements, pending the outcome of its appeal against his criminal acquittal.
The defendants in the civil suit are the President, Prime Minister, Constitutional Offices Commission (COC), Solicitor-General and Attorney-General.
Mr Saneem is seeking the outstanding balance of his leave entitlements following his resignation, which was accepted by the President with immediate effect in 2023.
He says he was suspended on full pay following the change of government after the 2022 General Election.
According to his claim, he was entitled to $67,307 for 48 days of accrued annual leave and time off in lieu but received only $12,863.86.
He argues the outstanding $54,443.71 is payable under Section 136(1) of the Constitution.
The civil proceedings were previously stayed pending the outcome of a related criminal trial in which Mr Saneem and former attorney-general Aiyaz Sayed-Khaiyum were charged with receiving a corrupt benefit.
Both men were acquitted on June 26. However, the State has since appealed against the acquittals.
Earlier this year, Justice Savenaca Banuve ruled that the validity of the Deed of Variation was central to both the civil and criminal proceedings, linking the outcome of the criminal case to Mr Saneem’s civil claim.
Justice Banuve is expected to deliver his ruling on the State’s application by mid-November 2026.
