Updated with President's statement at 6.55pm

The Prime Minister's legal consultant has argued that the President of Malta can serve a second term, contrary to the views of one of Malta's most eminent legal scholars. 

Dr Abela's post in reaction to The Sunday Times of Malta article. Image: Facebook/Robert Abela

MP Robert Abela wrote on Facebook that he saw no need for the Constitution to be changed for President Marie-Louise Coleiro Preca to be allowed to serve a second term. 

"If it is truly the wish of Her Excellency Coleiro Preca to continue to serve, she deserves to do so," Dr Abela, who is also the son of President Emeritus George Abela, wrote in a sponsored post. Sponsored posts are posts which the author has forked out money for, to ensure they reach a wider audience.

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The Sunday Times of Malta has reported that the Office of the President is lobbying behind the scenes for President Coleiro Preca to be granted a second term once her five years in office come to an end in April 2019. 

The Office of the President replied by saying no "discussions - formal or otherwise" had been held about the matter. 

Differing interpretation

Dr Abela's legal interpretation runs directly counter to that of Constitutional scholar Kevin Aquilina, who told The Sunday Times of Malta that as things stand, a second presidential term is out of the question.

"The Constitution does not allow a second term for the President," Prof. Aquilina, who also serves as Dean of the Faculty of Laws at the University of Malta, said. "For this to happen, Parliament will have to change the Constitution." 

Article 48 (3)(a) of the Constitution states that the office of President shall become vacant "on the expiration of five years from the date of the appointment to that office." 

And while Article 123 (1) allows Constitutionally-appointed officials to be reappointed, subsection (2) specifically states that this "shall not apply to the office of President."

Dr Abela's interpretation carries particular weight because of his unique role within the executive, having been appointed to the novel position of "legal counsel to the Prime Minister" and allowed to attend Cabinet meetings.

He was elected to parliament for the first time in the 2017 general election, winning a seat on the sixth district - President Coleiro Preca's former stronghold.

At the time of writing, Dr Abela's post had garnered almost 500 likes from his followers. 

Nationalist MP Mario Galea also took to Facebook to weigh in on the matter, saying that he disagreed and would vote against allowing the President to serve a second term. 

"We've had good presidents and they all served one term," he wrote. 

Office of the President insists no discussions or signals

The Office of the President sent another statement saying that, contrary to what was alleged in the frontpage story of The Sunday Times of Malta, "there have been no discussions — formal or otherwise — nor any ‘diplomatic signals’ over the possibility of the President serving a second term as President of Malta".

"It should be further noted that both political parties have been promising constitutional reform since 2013, before Marie-Louise Coleiro Preca was appointed head of state, and that the first discussion on this matter between the President and the country’s political leaders took place in June 2014.

"The President, who is currently on a state visit to Croatia representing her country, remains fully committed to her role, to which she continues to dedicate unerring energy and commitment," it concluded.