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Somalia’s Supreme Court ruled Thursday that the terms of President Hassan Sheikh Mohamud and the federal parliament have expired, ordering political leaders to agree on an electoral framework within 30 days and hold elections within 90 days.
The five-judge panel held that constitutional changes extending presidential and parliamentary terms from four to five years did not automatically apply to officials already in office. Because the revised constitution did not expressly extend their mandates, the court concluded that parliament’s term ended April 14, 2026, and Mohamud’s ended May 15.
The court also found that the federal cabinet’s mandate expired with parliament’s, as lawmakers approve and oversee the government. It declared actions taken under the institutions’ constitutional and legal powers after their mandates expired invalid, while allowing the cabinet to conduct routine administrative affairs in a caretaker capacity.
Former president Sharif Sheikh Ahmed brought the challenge. The court rejected the portion of his petition contesting the constitutional amendment process, finding that he lacked standing, but accepted his challenge to the resulting term extensions.
In a separate decision Thursday, the court declared Mohamud’s dismissal of Chief Justice Bashe Yusuf Ahmed invalid. Mohamud had removed Ahmed Wednesday and appointed his predecessor, Ibrahim Idle Suleiman, citing complaints about the administration of justice.
The court said the president could not remove the chief justice by decree and characterized the dismissal as an attempt to obstruct the pending constitutional proceedings. Under the revised constitution, removal requires a complaint supported by two-thirds of the Supreme Judicial Council, followed by approval from a majority of the full membership of each parliamentary chamber.
The state attorney general’s office rejected the term-limit ruling Friday, arguing that it had no legal effect and pledging further legal action. The office disputed the court’s jurisdiction, Ahmed’s standing and the composition of the judicial panel.
Mohamud’s administration maintains that the constitutional changes permit him to remain in office until May 2027 while Somalia prepares to replace indirect elections with universal suffrage. Opposition leaders and the Puntland and Jubaland administrations have opposed the government’s approach to constitutional and electoral reform.
The court’s 90-day deadline would require elections by early February, ahead of the electoral commission’s announced timetable for parliamentary elections April 15, 2027, and a presidential election May 15.
The post Somalia Supreme Court rules president’s term expired, orders elections within 90 days appeared first on JURIST - News.
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The five-judge panel held that constitutional changes extending presidential and parliamentary terms from four to five years did not automatically apply to officials already in office. Because the revised constitution did not expressly extend their mandates, the court concluded that parliament’s term ended April 14, 2026, and Mohamud’s ended May 15.
The court also found that the federal cabinet’s mandate expired with parliament’s, as lawmakers approve and oversee the government. It declared actions taken under the institutions’ constitutional and legal powers after their mandates expired invalid, while allowing the cabinet to conduct routine administrative affairs in a caretaker capacity.
Former president Sharif Sheikh Ahmed brought the challenge. The court rejected the portion of his petition contesting the constitutional amendment process, finding that he lacked standing, but accepted his challenge to the resulting term extensions.
In a separate decision Thursday, the court declared Mohamud’s dismissal of Chief Justice Bashe Yusuf Ahmed invalid. Mohamud had removed Ahmed Wednesday and appointed his predecessor, Ibrahim Idle Suleiman, citing complaints about the administration of justice.
The court said the president could not remove the chief justice by decree and characterized the dismissal as an attempt to obstruct the pending constitutional proceedings. Under the revised constitution, removal requires a complaint supported by two-thirds of the Supreme Judicial Council, followed by approval from a majority of the full membership of each parliamentary chamber.
The state attorney general’s office rejected the term-limit ruling Friday, arguing that it had no legal effect and pledging further legal action. The office disputed the court’s jurisdiction, Ahmed’s standing and the composition of the judicial panel.
Mohamud’s administration maintains that the constitutional changes permit him to remain in office until May 2027 while Somalia prepares to replace indirect elections with universal suffrage. Opposition leaders and the Puntland and Jubaland administrations have opposed the government’s approach to constitutional and electoral reform.
The court’s 90-day deadline would require elections by early February, ahead of the electoral commission’s announced timetable for parliamentary elections April 15, 2027, and a presidential election May 15.
The post Somalia Supreme Court rules president’s term expired, orders elections within 90 days appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.