Supreme Court Chief Rejects Presidential Dismissal, Citing Constitutional Breach and Judicial Independence

MOGADISHU (WDN) — Somalia’s Supreme Court Chief Justice, Dr. Baashe Yusuf Ahmed, has rejected his dismissal by President Hassan Sheikh Mohamud, describing the decision as unconstitutional and a direct violation of the judiciary’s independence and the constitutional separation of powers.

In a statement issued following the President’s announcement of his removal, Baashe argued that the dismissal violated fundamental constitutional principles, including the rule of law, the separation of powers among the executive, legislative and judicial branches, and the institutional independence of the judiciary.

He further alleged that the move was intended to obstruct proceedings concerning the constitutionality of the newly adopted Constitution, a case he said had previously been brought before the Supreme Court by members of the political opposition.

The Chief Justice maintained that the presidential decision, announced through a statement published on the Presidency’s Facebook page, had no legal effect.

“The Supreme Court has therefore declared null and void the purported dismissal announced in the statement published on the Presidency’s Facebook page,” his statement said.

He also called on the Presidency to respect the Constitution and safeguard the independence of the judiciary, reminding the President of his constitutional responsibility to protect and uphold the country’s supreme law.

“The Court instructs the Presidency to abide by the Constitution, protect the independence of the judiciary and uphold the rule of law, bearing in mind that the President is the guardian and promoter of the Constitution,” the statement added.

The controversy raises fundamental questions about the constitutional limits of presidential authority and the institutional independence of Somalia’s judiciary.

Article 106: Judicial Independence

Article 106 of Somalia’s Provisional Federal Constitution establishes the independence of the judiciary, providing that the judicial branch is independent of the legislative and executive branches of government. This constitutional safeguard is essential to ensuring that courts can administer justice without political interference, intimidation or pressure from other branches of government.

The principle is central to the separation of powers: the executive cannot simply exercise authority over judicial institutions in a manner that compromises their constitutional independence, just as the legislature cannot dictate judicial decisions.

Article 108 further addresses the structure of the federal judiciary, stipulating that the highest court at the federal government level shall be the Federal High Court.

The dispute therefore goes beyond the removal of an individual judicial official. It touches on a fundamental constitutional question: whether the President can exercise appointment and dismissal powers in a manner that undermines the judiciary’s independence or interferes with cases challenging the constitutionality of government actions.

President Hassan Sheikh Mohamud announced Baashe’s removal on Tuesday night and appointed lawyer Ibrahim Idle Suleiman as his replacement.

The timing of the decision, coming amid an ongoing constitutional dispute reportedly involving opposition figures, has intensified concerns about the separation of powers and the potential politicisation of the judiciary.

At stake is not simply the position of a Supreme Court official, but the constitutional principle that justice must remain independent of the political interests of those who govern.

WardheerNews