In a significant judicial decision, Somalia’s Supreme Court has ruled that the terms of President Hassan Sheikh Mohamud and the federal parliament have reached their expiration, mandating that national elections be conducted within 90 days. This ruling places pressure on political leaders to develop an electoral framework in under 30 days, as the court emphasizes adherence to the constitutional timeline.
The five-judge panel clarified that recent constitutional amendments extending presidential and parliamentary terms from four to five years do not retroactively apply to those holding office prior to the changes. This means President Mohamud’s term concluded on May 15, while the parliamentary term ended on April 14, 2026. Consequently, the federal cabinet’s mandate has also expired, as it relies on parliamentary oversight. While the cabinet retains authority for routine administrative matters, any significant actions taken post-mandate are deemed invalid, according to the court’s ruling.
This judicial decision was prompted by an appeal from former president Sharif Sheikh Ahmed, who challenged the legitimacy of these term extensions. Although the court dismissed Ahmed’s appeal regarding the constitutional amendment process due to a lack of standing, it accepted his opposition to the extensions themselves. In an unexpected twist, the court also nullified Mohamud’s recent dismissal of Chief Justice Bashe Yusuf Ahmed, as such a removal requires a complaint endorsed by a supermajority of the Supreme Judicial Council and parliamentary approval. This reaffirms the importance of following due legal process, particularly in matters involving changes in the judicial hierarchy.
The state attorney general’s office has pushed back against the court’s term-limit ruling, asserting that it lacks legal standing and promising further legal challenges. The attorney general’s office questions the court’s jurisdiction and Ahmed’s position to challenge the amendments. President Mohamud’s administration argues that the constitutional changes allow him to remain in power until May 2027, aligning with Somalia’s transition from indirect elections to universal suffrage. This position has met opposition from political adversaries and some regional administrations such as Puntland and Jubaland.
The Supreme Court’s insistence on holding elections by early February creates a significant departure from the electoral commission’s planned schedule, which slated parliamentary elections for April 15, 2027, followed by a presidential election on May 15. This situation has intensified debates on constitutional and electoral reforms in Somalia, requiring meticulous diplomacy and legal maneuvering to prevent a political stalemate. The full text of the court’s ruling can be explored further through the details covered on JURIST. Additionally, BBC provides ongoing coverage of the judicial proceedings and reactions from various political stakeholders.