Somalia's President Hassan Sheikh Mohamud speaks during a past interview inside his office at the presidential palace in Mogadishu, Somalia on May 28, 2022. PHOTO | REUTERS
MOGADISHU, Nov. 5 — Somalia’s Supreme Court ruled on Thursday that constitutional amendments did not extend President Hassan Sheikh Mohamud’s current term in office and rejected his dismissal of the chief justice, deepening a confrontation between the presidency and judiciary.
The court’s five-member Constitutional Division ruled that Mohamud’s four-year mandate expired on May 15, 2026, while the mandates of both houses of parliament expired on April 14.
It directed political stakeholders to agree on an electoral framework within 30 days and ordered elections to be held within 90 days.
The ruling followed a petition filed by former President Sharif Sheikh Ahmed challenging the procedures used to amend Somalia’s Constitution and the legality of decisions arising from those changes, including extensions to the terms of federal institutions.
The court rejected the part of the petition challenging the amendment process, finding that Sharif lacked legal standing to bring that challenge. However, it accepted the challenge concerning the application of longer terms to institutions already in office.
The judges ruled that the constitutional amendments did not explicitly state that the new terms would apply to sitting institutions. Their original four-year mandates therefore remained applicable, the court said.
The court also limited the federal government’s continuing role to routine caretaker duties.
In a separate Somali-language statement, the Supreme Court challenged Mohamud’s dismissal of Chief Justice Baashe Yusuf Ahmed, announced on Wednesday.
“The statement announcing the removal of the Chief Justice, published on the Presidency’s Facebook page, does not cite any legal provision,” the court said, according to an English translation.
The court accused the presidency of attempting to interfere with the constitutional proceedings.
“Its purpose is to obstruct the administration of justice in the constitutional case brought before the Supreme Court,” the statement said.
The court said the case concerned sensitive matters, including the constitutional amendment process and the terms of the president, government and both houses of parliament.
It described the dismissal as contrary to “the constitutional principles of the rule of law, the separation of powers and the independence of the judiciary.”
The court cited constitutional requirements for the appointment and removal of the chief justice, saying the process required the involvement of the Judicial Service Commission and parliament.
Mohamud had appointed former Chief Justice Ibrahim Idle Suleiman to replace Ahmed. The presidency said the decision followed complaints from judges, judicial employees and legal professionals about the administration of justice.
The presidency presented the leadership change as part of efforts to improve transparency, fairness and public confidence in the judicial system.
Mohamud has maintained that constitutional amendments approved by parliament in March provided a legal basis for an additional year in office ahead of parliamentary and presidential elections scheduled for April and May 2027.
Opposition parties and regional leaders boycotted the parliamentary vote on the amendments.
Thursday’s decisions challenge the extension of the current federal institutions’ mandates and the president’s authority to remove the head of the Supreme Court.
