Image source: Anadolu via Getty Images
The Supreme Court of Somalia ruled that the country's president, Hassan Sheikh Mohamud, had illegally extended his term, exacerbating the political crisis and escalating the confrontation between the presidency and the judiciary.
The court's decision on Thursday came one day after the president dismissed the Chief Justice of the Supreme Court, Bashi Yusuf Ahmed. This is a step that the court confirmed that the president does not have the authority to take.
The court also ordered political leaders to agree on an electoral plan within 30 days, and to hold elections within 90 days, which may hamper the government's plans to hold nationwide elections next year.
It is noteworthy that President Mahmoud's four-year term ended in May, but his administration extended it for an additional year through legal amendments approved by Parliament in March.
Opposition groups accuse him of exploiting constitutional amendments to prolong his rule.
However, the president insists that these reforms are necessary to move Somalia towards fully democratic elections, ending the clan-based system, where tribal sheikhs select representatives.
It is noteworthy that the last direct nationwide elections in Somalia took place in 1969, and since then the country has been suffering from a civil war that has been going on for more than 30 years, with the extremist Islamic “Al-Shabaab” movement controlling many rural areas.
"null and void"
On Thursday, the Supreme Court ruled that the constitutional amendments could not be applied retroactively to the president's current term.
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In a separate decision, the court considered the dismissal of the President of the Supreme Court “null and void,” accusing the presidency of interfering in the independence of the judiciary.
The President had appointed Ibrahim Idli Suleiman - who previously held this position - to replace Bashi Yusuf Ahmed.
The presidency explained that the dismissal decision came after receiving complaints related to the administration of justice, and in order to achieve a fair and transparent judiciary.
The court rejected the justifications for this presidential change, stressing that the removal of the President of the Supreme Court could only occur through established constitutional procedures.
Former President Sharif Sheikh Ahmed welcomed the court's decision, noting that "the country is facing a serious political crisis," and called on President Mahmoud to adopt a consensus-based approach.
The confrontation escalated on Thursday, when former Prime Minister Hassan Ali Khaire accused the country's president of deploying security forces at the headquarters of the Supreme Court and trying to arrest its president.
According to Agence France-Presse, Khairy accused the president of launching an “attack on the Supreme Court.”
“Somalia is at a dangerous juncture,” Khaire said. “Undermining our judicial authority poses a direct threat to the rule of law.”
The French news agency reported that it was unable to independently verify the news related to the deployment of security forces, but pictures circulated in Somali media showed the presence of armed elements inside the court complex.
These judicial decisions have led to uncertainty regarding the election schedule in Somalia.
The Electoral Commission had set a date for parliamentary elections on April 15, 2027, and for presidential elections a month later, but opposition groups and regional administrations in the states of Puntland and Jubaland rejected this timetable.
President Mahmoud called for a national dialogue from November 14 to 18 to resolve the crisis, but opposition leaders questioned his legitimacy to call for such discussions.
This political unrest comes at a time when Somalia continues to confront the Al-Shabaab movement, which still controls large areas of rural areas despite years of military operations.
On the other hand, Uganda - the largest troop contributor to the African Union mission fighting the militants - announced this week its plans to withdraw its forces by the end of the year, raising concerns about the security situation in Somalia.
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