Al-Shuaibi: The president’s failure to appoint the Public Prosecutor is a constitutional breach that exposes him to trialEnglish - منذ 18 يوم و 15 ساعة و 1 دقيقة
Lawyer Abdulboneim Al-Shuaibi confirmed the nullity of the President of the Supreme Judicial Council Decision No. 4 of 2021 to approve the President's decision regarding the appointment of Dr. Ahmed Al-Mousai, Public Prosecutor of the Republic.
Al-Shuaibi indicated that the decision is null for the following reasons, which are that the meeting of the Supreme Judicial Council in which the decision to approve the approval was made is invalid: The fact that the President of the Republic presided over the meeting, which is considered a violation of the constitution and the law, because Article 105 of the Judicial Authority Law which stipulated: (The sessions of the Council shall be presided over by the President of the Supreme Judicial Council, and in his absence, the sessions shall be presided over by whomever he deems among the members of the Council, and the President of the Republic may invite the council shall convene under its chairmanship whenever the need arises).
He added that it had been amended by Law No. 27 of 2013 and the text of the article became as follows: (The sessions of the Council shall be presided over by the President of the Supreme Judicial Council, and in the event of his absence, the sessions shall be presided over by whomever he sees from among the members of the Council.) This may subject the President of the Republic to trial according to the following articles:
- Article 3 of the Law on Procedures for the Prosecution of the Perpetual Executives of the Executive Authority Positions (Charges are directed against the President of the Republic or his Vice President for any of the following crimes:
A - high treason.
B - Violating the constitution.
C - Violating the sovereignty and
independence of (the country).
- Article 5 of the same law (the accusation of the President of the Republic or his deputy of high treason, breaching the constitution, or any act affecting the independence and sovereignty of the country, based on a request submitted by half of the members of the House of Representatives to the Speaker, accompanied by evidence supporting the accusation, and the indictment is considered a referral to the competent court with the approval of two-thirds of the council members).
The fact that this leadership constitutes a violation of the constitution, specifically Articles 149,152 and others.
Al-Shuaibi said that the issuance of Presidential Decree No. (4) for the year 2021 to appoint the Public Prosecutor may expose him to the same trial previously described.
He emphasized that in appointing Al-Mousai as a public prosecutor, he is not a judge in violation of not only Article 60, but also Article 59, considering the seniority of other Public Prosecution judges, and that issuing the decision is a transgression of them according to the text of Article 63 of the same law, and the requirement of the criterion of preference when appointing according to Article 62 of The same law, and considering that the Judicial Authority Law stipulates that all members of the Public Prosecution Office are affiliated with the Attorney General in accordance with Article 54 of the same law, and this also violates the text of Article 150 of the Constitution as this is one of the guarantees established for members of the judicial authority.
Al-Shuaibi said that the wisdom of stipulating the proposal of the President of the Council and the approval of the Supreme Judicial Council is a guaranteed guarantee of good choice for the person appointed to this position, and a good choice as a reference to the Supreme Judicial Council as the administrative body concerned with the affairs of members of the judiciary, meaning that the content of the Council’s approval is that that person who agreed on him, the council is the one who is entitled to be appointed, and it is not permissible to appoint someone else.
Al-Shuaibi emphasized that the decision to appoint the Public Prosecutor remains flawed, as he is free of correct causation. As he did not base his preamble on the presentation and nomination of the Supreme Judicial Council, as well as his reliance on the Judicial Authority Law is incorrect for his violation of Article 60 of it, as well as his reliance on the Constitution is incorrect for violating Articles 149 and 152 thereof.
Al-Shuaibi said that appointing a public prosecutor who is not members of the judiciary is contrary to the public interest, which is the goal of every administrative decision, which makes the decision defective in terms of purpose.
Al-Shuaibi concluded that the decision to appoint Musai as a public prosecutor is against the law and the President of the Republic inviting the Supreme Judicial Council to meet in Riyadh is against the law, and the President of the Republic presiding over the last meeting of the Supreme Judicial Council is against the law, as well as the decision of the President of the Supreme Judicial Council No. (4) for the year 2021 approving the President's decision regarding the appointment Dr.Ahmed Al-Mousai is against the law.