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Experts say Abad’s suspension is unconstitutional while Abad claims Noboa is attempting a ‘coup d’état’

Nov 12, 2024 | 0 comments

Legal experts say the Ministry of Labor’s decision to suspend Vice President Verónica Abad for 150 days is unconstitutional. The suspension, announced Saturday, would prevent Abad from assuming presidential duties, as prescribed by law, from President Daniel Noboa while he campaigns for reelection.

Vice President Verónica Abad

Noboa and Abad has been estranged since shortly after the 2023 election. In January, Noboa named Abad Ambassador to Israel, a move Abad claimed was intended to get her out of the country.

Quito constitutional law professor Paul Ramos says the Labor Ministry’s action is unconstitutional and will likely be overturned by the courts. “This is a blatant and, I think, dumb attempt to prevent the vice president from performing her duties,” he said. “This is obviously not fairly administered justice since the president controls the ministry which issued the suspension.”

According to Ramos, the claim that Abad was insubordinate in not relocating to Turkey from Israel earlier in the year, is “dubious on its face.” Abad did in fact obey the order, Ramos says, but delayed the move by 10 days. “Under any reasonable measure, this is a minor infraction and certainly not one that would prevent her from fulfilling her constitutional duties,” he said.

On Sunday, Abad accused Noboa preparing a coup d’état to assure his reelection. “This is what they do in Nicaragua and Venezuela so they can claim they have democratic elections when, in fact, they are de facto dictatorships.” She filed a legal appeal Monday morning.

Cuenca constitutional lawyer José Chalco Salgado agreed with Abad that the Labor Ministry’s ruling “had the appearance” of a presidential coup. “At the least, this action violates the constitution and shows disrespect for the country’s institutions,” he said. “I would go further and say the ministry’s action constitutes constitutional fraud.”

Rubén Calle, president of the Azuay Bar Association, also says the Labor Ministry’s decision is illegal. “Under the ministry’s reasoning, any popularly elected official could be dismissed for almost any reason,” he said. “And let’s not forget that the ministry operates at the pleasure of the president.”

Following the Labor Ministry announcement of Abad’s suspension, Noboa appointed Sariha Moya as interim vice president, saying she would fulfill vice presidential duties during Abad’s suspension.

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