The Government of the Maldives has decided to seek international arbitration over the ventilators which Dubai-based Executors General Trading failed to deliver to the Maldives as contracted.
Speaking at a press conference held on March 31, Spokesperson at the President’s Office Mohamed Mabrook Azeez said the government has undertaken several efforts to procure the ventilators through Executors General Trading under the contract signed with the company in April last year. However, Mabrook said despite providing the company with multiple deadlines to procure the ventilators, the company has failed to deliver the ventilators to the Maldives. Therefore, Mabrook said the Attorney General’s Office has started proceedings to seek international arbitration with Executors General Trading to resolve the matter.
Speaking further, the spokesperson revealed the contract signed with the Dubai company states international arbitration can be sought as per the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). He said the arbitration will be carried out in the Maldives and will involve the Government of the UAE as both countries are parties to the New York Convention. He added the government’s policy is to hold the relevant parties accountable and take the necessary action.
The COVID-19 compliance audit conducted on the health ministry by the Auditor General’s Office last year revealed Executors General Trading was paid 90% of the quoted price in advance to procure 75 ventilators in April 2020, of which only 15 have been procured so far. The audit report also revealed the company was selected without assessing its financial and technical capabilities, in addition to not obtaining advance payment and performance guarantees.
On October 14 last year, Anti-Corruption Commission (ACC) forwarded charges against 11 officials of the Ministry of Health, including then-Minister Abdulla Ameen, over the irregularities in awarding the contract to Executors Generals Trading to procure 75 ventilators to the Maldives. However, the Prosecutor General’s Office declined the case upon review, and decided not to press any charges, citing the inadequate investigation conducted by ACC.
The case was placed under review again upon recommendation by the Parliamentary Committee on Judiciary to seek further information on the case from relevant investigative authorities including ACC and Maldives Police Service (MPS). Following the second review of the case, the PG Office maintained its decision not to press charges, stating the evidence provided by ACC does not fit the requirements for criminal prosecution. However, upon further concerns, PG Office decided to review the case for a third time to find any avenues for prosecution.