Lawmaker deems reinstatement of Diyala's former governor illegal

Lawmaker deems reinstatement of Diyala's former governor illegal

Shafaq News/ An Iraqi lawmaker on Monday slammed a decree by the General Secretariat of the Iraqi Cabinet to reinstate former governor Muthanna al-Tamimi, calling it a blatant violation of the law.

In a statement to Shafaq News Agency, Diyala representative in the Iraqi parliament Salah al-Tamimi said he will challenge the decision for it contradicts with the 2005 Constitution of Iraq.

He cited Article 18 of Law 21 of the Non-Regional Governorates Law, which he said it stipulates that "a provincial council member who has been sworn in cannot hold an executive position."

"The legal opinion issued by the Cabinet's legal department pertains to non-elected governors, not members of the provincial council," he continued. "We will pursue legal action today to overturn this decision, as it directly contravenes the principle of separation of powers established in the 2005 Constitution."

The controversy arose after an official document surfaced on Sunday, revealing that al-Tamimi had been reappointed as Diyala's governor by a decision from the Cabinet.

The document acknowledged the lack of legal clarity surrounding the dismissal of the former governor under Article 30 of Law 21 of the Non-Regional Governorates Law No. 21 of 2008 (as amended).

"The former governor, his deputies, and the heads of administrative units will continue to manage the governorate's daily affairs until a new local government is formed."

Formerly, Karim Ali Agha, Diyala's first deputy governor, had assumed the role of acting governor during the interim period.

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