By Mohammed A Keynan | August 19, 2015
The measure of a man is what he does with power.”
The idea of learning from the past so that mistakes are not repeated is one of the basic foundations for studying the past; Somalis seems to learn their past when you look current President Hassan’s impeachment.
Looking back Somalia’s history, particularly, around late 1970 when three Senior Somali Military Officials (General Salad Gabayre Kadiye ,General Mohamed Aynaanshe, and Colonel Abdulqadir Bin Abdi dheel) were publicly executed in Mogadishu shooting 90 firing squad for attempted coup to overthrow Somalia’s late President Mohamed Siad Barre, they were charged with treason in a plot to overthrow and assassinate the President and other high officials to turn socialist country to Capitalism, in reality it was power struggle between military brasses as it is now between Executive and legislative branches of Somali government.
Fast forward, On 12 August 2015, 93 Somali lawmakers (at least 25 of them distanced the motion and claimed their names were used without their consent) filled an impeachment motion to impeach the Somali president, unlike aforementioned, the opponents are not collecting AK47 & ammunitions to use against each other, but, looking religiously Somali Provisional Constitution 2012, particularly Article 92 sub sections 1, 2, 3 and 4 to see if they can fulfil their legal and political agendas, this is tremendous achievements when you compare late the 1960,1970 and the warlords era.
The nine pages motion was handed over the speaker of parliament on last Wednesday, signed by 93 political parties, I mean, each one of them represent their own personal interests contrary what Article 61 Provisional Somali Constitution 2012 clearly defined in their role:
Article 61 – Responsibilities of Members of the Federal Parliament
- When fulfilling his or her duties, every member of the Federal Parliament shall be guided by the best interests of the nation as a whole.
They don’t represent constituency or even their own Clans; neither shares any political ideologies such as (Islamist, Socialism, Communism, Capitalism, Liberalism, Communism and Totalitarianism).
Who are the people engineered this extraordinary Impeachment?
There are four groups of culprits: There are former Ministers who never forgive the president for losing their high profile career and they are known inside Villa Somalia as those who like in the “Media Spotlight”, they are former Somali Foreign Minister Fowsia Haji Adan, former Interior Minister Abdulahi Godax Bare and Abdirahman Hosh Jibril, the former Minister of Constitutional Affairs in the last transitional government, they were the one who opposed creating Jubbaland and tabled motion not long ago, they are the same who attended Ahmed Madoobe’s inauguration last week!
The Next group culprits are those who were close with former Somali Prime Minster Abdiweli Sheikh Ahmed who never forgiven the President for sacking him.
The third set of villains is those who opposed existing Ahmed Modoobe’s interim Jubba (formerly Jubbaland) administration (Gedo, Lower Jubba and Middle Jubba) who thought they were sidelined as they wanted six States to be Sole Southwest State (Bay, Bakool, Lower Shabeele, Gedo, Lower Juba and Middle Jubba).
Last, which brings me to the group that bears final responsibility, Somali Parliamentarians who wish to extend their tenure further 2 years; they think the President is preventing it for political strategy.
Looking the list you will see few things united them: To create unstable government, kill the remaining time, those who oppose current regional federations (Jowhar & Hiiraan, Galmudug and Galgaduud, Jubba Interim) and some working with external forces against the President, particularly foreigners who oppose Soma Oil and Gas deal.
What are the Charges?
Impeachment is one of the two political tools that legislatures to use against executives or other branches of the government. The other is the legislatures are to deny or delay the executives funding for any action that legislatures disagree with the executives.
The filled impeachment mentioned the President Hassan Sh. Mohamoud Abused his power, Corruption, lack of citizens’ security, lack of leadership, not supporting Somali national Army and violation of human rights.
The law governing in this area:
Article 92 Provisional Somali Constitution 2012:
Impeachment and Discharging of Duties of the President of the Federal Republic of Somalia:
- The House of the People of the Federal Parliament can propose the dismissal of the President of the Federal Republic of Somalia if he is accused of treason, or gross violation of the Constitution or the laws of the Federal Republic of Somalia.
- The motion for dismissing the President of the Federal Republic of Somalia may be introduced by no less than one-third (1/3) of the total membership of the House of the People of the Federal Parliament, and may be presented to the Constitutional Court, which shall preside over the case to see whether it has legal grounds.
- If the Constitutional Court determines that the case has legal grounds, the President of the Federal Republic of Somalia may be dismissed by a two-thirds (2/3) majority vote of the total membership of the two Houses of the Federal Parliament.
- If the President of the Federal Republic of Somalia is dismissed in accordance with Clauses 1-3 of this Article, the Speaker of the House of the People of the Federal Parliament shall assume the duties of the President of the Federal Republic of Somalia.
First Stage of the Impeachment Motion:
Article 92 (1) and (2) gives the lawmakers to get 1/3 of the 275 Parliamentarians, clearly they passed this hurdle as they have collected 93 signatures (minus those who withdrawal) so they are able to present their case to the Supreme Court Federal Republic of Somalia.
Second Stages of the Impeachment:
All the way to Somali Supreme Court
(As there is no court exist, let us assume there is one)
Supreme Court Federal Republic of Somalia
Chief Justice Hon. Aided Abdulahi “Ilka Hanaf”
- Plaintiff –
Abdulahi Goodax MP, Fowsia Haji Adan MP, Abdirahman Hosh Jibril MP, Abdulahi Jama MP and Others.
(House of the people Federal Republic of Somalia)
- Defendant –
President Federal Republic of Somalia Hon. Hassan Sheikh Mohamoud
Under Art 92 (2) the court will look whether the impeachment has a legal grounds, the judges will listen both Plaintiff and Defendant arguments, then the court will make decision upon listening both sides, if found no case for the President the case will be dismissed, on the other hand if the court found lawmaker’s favour the impeachment will get back to the Parliament to be voted for impeachment (Charges) to the Somali president.
Third Stages of the impeachment:
Two Houses of the parliament
Note – the Somali Federal Parliament is divided into two: The Upper House of Parliament and the House of People of Federal Parliament, currently, only the latter one exists.
If Constitutional Court of Somalia (Supreme Court) determines the case has a legal ground under Article 92 (3) then the Houses of Federal parliament can vote to impeach the president, they need to get 2/3 of the 275 votes, which is 184 Members.
What is the solution?
The legal point of view, it is almost impossible this impeachment the Somali President while taking legal route, First there is not Constitutional Court (Somali Supreme Court) Exist, Second, there is no upper house of Parliament (this is important because The House of People cannot pass a draft law according Article 82 of provisional Constitution), Third, Nemo iudex in causa sua, (No one should be judge in his own cause), Natural justice says that, no person can judge case in which they have an interest, so House of the people (Parliament) cannot bring the case and make the judgment,
Fourth, to get 184 Members from both houses will be almost impossible, Fifth, the provisional Constitution mentioned if nothing is found to solve the current problem in the Provisional Constitution then they may look Somalia’s 1960’s Constitution (The reason why we are still using 1960 Constitution is not to redraw the Somali territory, that Somali still want to claim missing territory, see Article 7(4) Provisional Constitution 2012), also looking 1960 Constitution, nothing can help the lawmakers that to bring the President down.
Clearly this is not legal argument, but colossal error, political motivated individuals who have personal vanadate against the President and seems those who support the impeachment are principally an emotional reaction.
Solution will be if it is not too late for them, to drop the impeachment and ask the President to appear at the Parliament while he is under oath, asking all sort of questions, including all allegations mentioned in the impeachment.
The damage Impeachment may cause to Somalia.
As stated above, the President’s job is safe for foreseeable future or at least until 2016, but it may have political implication for Somalia, particular, the usually external forces (USA, EU, IGAD, AMISOM, UNSOM) may use as bargaining chip for the current political turmoil, one of the most important is stopping Soma Oil and Gas getting Production Sharing Agreements (PSAs) after their successful processing and reprocessing of the 2D seismic data (which the data confirmed Somalia’s Offshore between Hobyo and just before Baraawe have half of the Saudi Arabia’s proven oil, and don’t forget Onshore including NorthEast, Central Somalia and Afgooye).
US government oppose Soma Oil and Gas or any other companies to drill the oil, while US government not given any other options to Somali government, in return, Somali government wants to start nominating PSA to Soma Oil and Gas or other companies as soon as possible, (it has been reported UK’s Serious Fraud Office soon will conclude their investigation Soma Oil and Gas, they will drop the case as they will claim there is no inappropriate that Soma Oil and Gas to paid salaries to Somali Minister of Oil through Somali Central Bank).
Somalia government is under pressure, accordingly the recent IMF Executive Boards that Somalia’s economy expended 3.7 in 2014, this is not reflecting in general public as there is high youth unemployed, many elders don’t have any income or pension to tap, current existing States Puntland, Southwest, Galmudug can’t pay their bills without help from Central Government.
So, in that pressure the government badly needs funds to pay building infrastructure, public services, to pull as many people out of poverty in a short time as possible, building modern Somali National Army and support economy particularly building and encouraging would be entrepreneurs.
Government currently collecting only 45% revenues from taxes, porters and airports, but urgently needs to raise the rest of 55%, this should have been coming from external aid, but nothing so far received from EU and other third parties who promised to help Somalia.
US Government and Somalia Eretria Monitoring Group’s Moratorium Plan:
US oppose currently Somali government‘s awarding Production Sharing Agreement (PSAs) Somalia’s offshore oil and gas; US government is using Somali Eretria Monitoring Group (SEMG) as proxy to stop the Somali government awarding any PSA.
This reminds me what Former UN Secretary General Boutros-Ghali said:
“A major problem at the UN was that the Department of Peacekeeping Operations was very infiltrated by the American authorities”. Boutros-Ghali further elaborated on “how the UN is infiltrated” and how this “impacts” the organization. He states:
“The US authorities have taken control of the UN system through financial administration and the appointment of officers and staff who are paid directly by the United States. The UN doesn’t have the means to appoint senior officers and specialist staff. When these people are selected and paid by a foreign government, they are obviously more loyal to that government than to the UN. As a result, reports presented to the Secretary General and to the Security Council are purged and modified.”
SEMG is planning Moratorium all Somali Oil and Gas and other natural resources for foreseeable future, Somali government is resisting this and claiming that Somalia should be respect as Sovereign country in order to make their own decisions on behalf of Somali people.
US Government’s fear is that China may get all resources and the country’s strategic location, so American strategy towards China, as well known, had five objectives: to isolate the country, contain it, diminished it, divide it and sabotage its political leadership. (President Hassan Sheikh and his team need strategy not to alienate the USA at the same to start drilling the oil as soon as possible, not to forget Somalia needs debt relief from IMF and other bilateral institutions and not to mention large arrears Somalia need to repay to IMF, AFDB, Paris Club and other bilateral organisations).
It is very difficult decisions to be made on behalf of all Somalis.
The author has a law degree from Queen Mary University of London and has been living in London last 27 years.
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Xafiiska Wararka Qaranimo Online | Mogadishu, Somalia
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