A prominent non-governmental organization has formally called on Sri Lanka's Commission to Investigate Allegations of Bribery or Corruption (CIABOC) to launch a comprehensive investigation into the circumstances surrounding former President Gotabaya Rajapaksa's nomination for the 2019 presidential election. The Vinivida Foundation has raised serious concerns about the roles allegedly played by key figures in allowing Rajapaksa to contest the election without fulfilling a critical legal requirement — producing mandatory proof of renunciation of his United States citizenship.
What the Vinivida Foundation Is Alleging
The Vinivida Foundation's request to CIABOC centers on two prominent individuals: former Chairman of the Election Commission, Mahinda Deshapriya, and senior attorney Ali Sabry, PC. According to the NGO, these individuals allegedly played pivotal roles in facilitating Gotabaya Rajapaksa's presidential nomination despite the absence of legally required documentation confirming the renunciation of his American citizenship. The foundation argues that this constitutes a serious breach of electoral law and potentially involves corrupt conduct that warrants a thorough and transparent investigation by the country's top anti-corruption body.
The allegation is not merely procedural. Critics argue that allowing a candidate to contest the highest office in the land without meeting constitutional eligibility requirements undermines the very foundation of democratic governance. If proven, the claims could have far-reaching implications for the credibility of the 2019 presidential election and the individuals involved in overseeing it.
The Legal Requirement at the Center of the Controversy
Under Sri Lankan law, any individual holding dual citizenship is disqualified from contesting a presidential election. A candidate must provide conclusive proof of renouncing any foreign citizenship before being accepted as a valid nominee. In Gotabaya Rajapaksa's case, his prior American citizenship had been a matter of significant public debate leading up to the 2019 election. While Rajapaksa claimed to have formally renounced his US citizenship, questions were raised at the time about whether adequate documentation was presented and verified by the relevant authorities before his nomination was accepted.
The Vinivida Foundation contends that the proper verification process was either bypassed or inadequately carried out, raising the possibility that the nomination was accepted in violation of existing legal standards. The NGO's complaint to CIABOC is an attempt to ensure that these questions are answered through an official and legally binding investigative process.
Role of Mahinda Deshapriya and Ali Sabry
Mahinda Deshapriya, who served as Chairman of the Election Commission during the 2019 presidential election, was the official responsible for overseeing the nomination process. As such, the Vinivida Foundation argues that he bears direct responsibility for ensuring that all candidates met the legal requirements before being accepted as nominees. The foundation alleges that Deshapriya may have failed in this duty or actively facilitated a flawed process.
Ali Sabry, PC, a prominent lawyer who has also served in senior governmental roles, is similarly implicated in the foundation's complaint. The NGO alleges that Sabry played a role in the legal maneuvering that enabled Rajapaksa's nomination to proceed despite unresolved questions about his citizenship status. The specific nature of Sabry's alleged involvement has not been fully detailed in public disclosures, but the foundation has indicated that CIABOC should examine his conduct as part of any investigation.
Why This Matters for Sri Lankan Democracy
The implications of this complaint extend well beyond the individuals named. At its core, the issue touches on the integrity of Sri Lanka's electoral system and the accountability of those entrusted with upholding it. If public officials or legal professionals were complicit in allowing an ineligible candidate to contest — and ultimately win — a presidential election, the consequences for public trust in democratic institutions could be profound.
Sri Lanka has faced numerous governance and accountability challenges in recent years, including the unprecedented economic crisis of 2022 that led to widespread public protests and the eventual resignation and departure of Gotabaya Rajapaksa himself. Against this backdrop, calls for accountability regarding the circumstances of his rise to power carry added weight and urgency.
CIABOC's Mandate and Next Steps
CIABOC is Sri Lanka's primary statutory body mandated to investigate allegations of bribery and corruption involving public officials. The commission has the authority to conduct independent investigations, gather evidence, and refer cases for prosecution where sufficient grounds exist. Whether CIABOC will accept the Vinivida Foundation's complaint and initiate a formal inquiry remains to be seen, but the request has already reignited public debate about the 2019 election and the standards applied during the nomination process.
Civil society groups and legal experts are closely watching how CIABOC responds to this complaint. A decision to investigate would signal a renewed commitment to accountability, while inaction could further erode public confidence in anti-corruption institutions. The Vinivida Foundation has indicated it will continue to pursue all available legal avenues to ensure that the matter receives the scrutiny it deserves.