Wednesday May 10, 2023
By STEPHEN ASTARIKO
Attorney-General (AG) of Jubbaland State, Mohamed Sh Osman Siid in during a past event. Image: HANDOUT
The Attorney-General of the Jubbaland State of Somalia has rebutted claims that the legislators don’t have the mandate to amend sections of the local Constitution.
This follows remarks made by Adam Aw Hirsi, the Federal Government’s State Minister for Environment and Climate Change.
Hirsi claimed that the “members of the Jubbaland Legislative Assembly don’t have the leeway to amend the Constitution”.
He was referring to the recent extension of President Ahmed Madobe’s term by the legislators.
In response, the Attorney-General (AG) of Jubbaland State, Mohamed Sh Osman Siid termed the remarks by the former Gedo Governor as “misleading and lacking insight.”
“It’s a total misinterpretation as Article 95 of the Jubbaland Constitution allows an amendment (s) to be effected by the members of the assembly through a series in process,” noted the top legal officer who is charged to clarify the local laws as per Article 62 (a) of the Jubbaland Constitution.
Attorney-General (AG) of Jubbaland State, Mohamed Sh Osman Siid during a past event (Courtesy)
Mohamed Siid further stated that the Jubbaland State Constitution doesn’t end at Article 69, but extends all the way to Article 97.
According to the AG, Article 69 Aw Hirsi referred to “only deals with the conditions set for individuals with the intent to participate in the presidential election and has nothing to do with amendments”.
He continued: “Article 95 states that the process of an amendment can be activated through three avenues: a proposal by the Cabinet, or at least 5,000 voters and a motion backed by a three-quarters of the assembly members.” Jubbaland Legislative Assembly consists of 75 members.
When it comes to either of the three avenues, the Assembly’s Legal and Constitutional Committee will subject the matter to the plenary for debate on whether to be considered or discarded.
If the majority votes (50+1) for its consideration, the plenary will form a select committee that will begin taking into account the views of different stakeholders.
The report will then be tabled as a motion at the assembly for debate and voting.
Adam AW Ibrahim Hirsi who is the Federal Government’s State Minister for Environment and Climate Change. Image: HANDOUT
“If 2/3 of the Assembly agrees on it, the amendment of the clause, or the Article in question is passed,” Mohamed Siid said.
“The Speaker refers the concluded Bill to the President for assent. However, in such special circumstances, the President cannot refer the Bill back to the Assembly for his reservations to be accommodated. It automatically becomes an Act,” he added.
During a press conference held in Kismayo, the legislators told off Aw Hirsi, saying he lacks understanding of the Jubbaland Constitution and that his comments were based on ill-intended politics.
“Of all the challenges we are facing across Somalia, we wonder why a Federal minister saw it pressing to defile the Jubbaland Constitution, intentionally misinterpret the laws of the land and disrespect the Legislative Assembly; a place that represents the people’s will,” said Mohamed Abdinasir, a member of the Justice and Constitution committee.
Ali Abdi Muhumed said Aw Hirsi, who once served as Jubbaland’s minister of Justice and Constitutional Affairs, “should have known better that the Legislative arm is primarily mandated to represent, deliberate, legislation, amend the law and oversight”.