As presidential candidates have started consultations over possible scenarios after President Ghani’s term ends next month, the Presidential Palace in a preemptive move asked the Supreme Court to interpret the Constitution about the continuation of Ghani’s work, with the court handing down a verdict extending his tenure until upcoming presidential elections.
The court said on Sunday that President Ashraf Ghani will continue his term until a new president is elected.
In a verdict, the country’s High Court said that based on the interpretation of the constitution and the challenges the Independent Election Commission (IEC) is faced with, it confirms the continuation of President Ghani’s tenure till the election of a new president.
The letter does not say anything about the fate of Chief Executive Officer (CEO) Abdullah Abdullah who owns a 50% share of the government based on the National Unity Government’s agreement, but CEO’s office says Abdullah along with his two deputies will also continue their work until the election of the new government.
However, a majority of the presidential candidates claim that based on the country’s constitution, President Ghani’s term ends on May 29, 2019.
According to these presidential candidates, Ghani has forced the Supreme Court to make the decision. The candidates also call on President Ghani and CEO Abdullah to step down, emphasizing on the formation of a caretaker government until the end of the election.
A joint statement from presidential candidates, Ahmad Wali Massoud, Rahmatullah Nabil, Enayatullah Hafiz, Ghulam Farooq Nijrabi, Faramarz Tamanna, Ibrahim Alokozay, Hakim Torsan, Hanif Atmar, Shahab Hakimi, Noor Rahman Lewal and Noorul Haq Ulumi said: “At a meeting on April 19, we discussed the current government’s tenure that ends on May 22, when it would lose its political and legal legitimacy.”
Article 61 of the constitution says: “The presidential term shall expire on the 1st of Jawza (May 22) of the fifth year after elections.”
The statement said: “We will soon offer an alternative plan for the continuation of the government to the Afghan people and the international community after May 22, and we will seek the new plan’s implementation,”
But in a document leaked to some media, the Supreme Court referred to extension of former President Hamid Karzai’s tenure during 2009 and 2014 presidential elections as precedent, stressing that this is the only logical and legal way to prevent at least three months of power vacuum in the country.
This comes as Afghanistan’s presidential election is slated for September 28, 2019.
