By Dr. Mohamud M. Uluso
Monday - January 10, 2022
History repeats itself. On
July 1, 1960, Somalia became sovereign state described as unitary, democratic
republic based on people’s representation, led by an exceptionally law-abiding democrat
until corrupt politicians seized power and paved the way for military coup and dictatorship
ousted with armed rebellion that degenerated into civil war and state collapse.
After ten years of statelessness, Somalia resurfaced to retrace back its democratic
path that culminated in the adoption of new provisional constitution on August
1, 2012.
Late Adan Abdulle Osman best
known “Adan Adde” was the first president elected on July 1, 1960 for
one year and then reelected on July 6, 1961 for six-year term on the
basis of new constitution adopted in 1961. He was crusader for the adherence to
the constitution and political integrity by the ruling class. To the best of
his ability, he dedicated his political life and fortune to make Somalia worthy
of its constitutional aspirations as a democratic state under the rule of law. He
fought against political manipulations, election fraud, corruption, vote
buying, and suppression of individual freedom, liberty, and antagonism against opponents.
His political impartiality angered his supporters and leaders of his party, accusing
him of being an ally of the opposition. He
strongly resented such insinuations.
In 1967, The Parliament
and the Prime Minister suggested the delay of the presidential election for 15
days to monitor the six-day war between Arabs and Israel, but President Adan
Abdulle disagreed and insisted on holding the election as scheduled. He lost his 1967 reelection bid and then asked
the parliament to approve his early peaceful transfer of power to give his
successor late Abdirashid Ali Sharmarke the opportunity of celebrating with the
nation on Independence Day on July 1, 1967.
It’s moving to read his
daily dairies about his struggle with his PM Abdirashid Ali Sharmarke,
Ministers, Governors, police and military, and the leaders of his political
party on the issue of free and fair elections. Some of the diaries are quoted in
the pages 462-473 and 500-505 of Mohamed Trunji’s book, “Somalia
-The Untold History - 1941 -1969.” The positive assessment of 1964 political
elections were credited to the noble efforts of President Adan and the Minister
of Interior Mohamud Abdinur “Juje.”
The affair of the Somali state
changed dramatically for worse when the government of late president Abdirashid
Ali Sharmarke and late Prime Minister Mohamed Haji Egal decided to steal the
1969 election by changing the electoral law and appointing loyalist district
commissioners, governors, police commanders, and handpicked, inexperienced judges
for the Supreme Court. When the Commander of the Police Force late Mohamed
Abshir Muse refused to comply with the unconstitutional electoral law and the
request for the transportation of the supporters of the ruling party to the
polling stations, he was fired by late Minister of Interior Yassin Nur Hassan. The
unprecedented level of election fraud, corruption, and abuse of power are cited
as the causes for the killing of late President Abdirashid Ali Sharmarke and
the bloodless Military coup.
Somalia suffered
destructions and moral corruption of 21 years under dictatorship rule, which brutally
ended on January 26, 1991. After 10 years of civil war and power
struggle that destroyed all symbols of the Somali state and 12 years of
transitional governments started with the brethren help of Ismail Omar Ghelle,
president of Djibouti, the Somali people with the support of the international
community agreed to establish a Federal Republic of Somalia (FRS) described in
the Provisional Federal Constitution adopted on August 1, 2012.
Professor Hassan Sheikh
Mohamud was the first president elected on the basis of the new constitution on
16 September 2012. His term
was supposed to end on 15 September 2016 but stayed in office until February
8, 2017 (extra 4 months) during which period, the elections of the
members of the two houses of the federal parliament, the installation of elected
parliament, and the presidential elections were successfully completed. It’s
also worth noting that in 2016, for the first time, the election of the members
of the Upper House of the federal parliament representing the newly formed
federal member states (FMS) was implemented. The opposition, the civil society,
and the international partners played active role in the election process.
Presidential Candidate Farmajo
and other candidates were vocal in asking repeatedly President Hassan to leave Villa
Somalia for the end of his term on September 15, 2016, which was
considered legitimate demand. Indeed, President Hassan issued decree
complying with article 103 on Caretaker Government. One
complicating factor was that PM Omar Abdirashid was presidential candidate,
which undermined the Caretaker Government’s legitimacy, neutrality, and
independence.
Ironically, the 2016 federal parliament elected
president Farmajo to succeed President Hassan and in accordance with Article 91
of the constitution, issued Resolution GSH/B-10/003/17 dated 8 February 2017
(Qaraar-Doorashada-MJFS.pdf)
specifically stating that Farmajo’s term of office starts on 8 February
2017 and ends on 7 February 2021. Surely, Farmajo was
aware of the significance of the parliament resolution.
In less than a year in
power, the mobster character of Farmajo shocked public conscience. Again, Somalia
veered off from the democratic path and the foundation of the democratic system
of governance – the rule of law, checks ana balance, and accountability, was
quickly demolished and disappeared.
With shameless and
ruthless, Farmajo refuses to leave Villa Somalia for one year,
which is a violation of the constitution and parliament resolution. Worse, he
attempted to unlawfully extend his term for two more years, an attempt swiftly rejected
with threat.
The undisputed failed
coup attempt of mobster Farmajo against the Caretaker Government of Prime
Minister Roble on December 27, 2021 shocked everyone and compels the end of his
unlawful stay in Villa Somalia. The PM and the Caretaker government are
responsible not only on elections but on the executive functions of the federal
government including the armed and security forces. See articles 97, 99,
and 100, and 104 of the Constitution on the Executive Branch.
The 2012 constitution is
clear on legitimacy and there are set of articles included in the
constitution that prevent the stay in office or term extension beyond mandate. Articles
60 and 91 fix the 4-year term of office of the federal parliament
and president respectively and determine the legitimacy and the
illegitimacy of the decisions and actions of the elected public
officials. According to the judicial system, any action taken after the end of
the terms of office are null and void. Those provisions are definitive,
unambiguous, and can’t be changed by a parliamentary act. No elected person has
the right to remain in office by default after his or her mandate ends. Article
72 of 1960 constitution stipulates that any amendment to the term of
office will not apply to the incumbent president or parliament. This is the
tradition for democratic government.
According to articles 90
(O) of 2012 constitution, Article 52 (2) of 1960 constitution,
and the electoral agreement of September 17, 2020, Farmajo
had the responsibility to dissolve the federal parliament for the start of the
election period and the proximity of the end of the parliamentary term on 27
December 2020 and as well as to comply with article 103 on Caretaker government.
Farmajo failed to fulfill his constitutional obligations and deserves
persecution for dereliction of duty.
Article 103 dispels the false
claim of power vacuum or other excuses and establishes the Caretaker Government
for the exclusive purpose of being responsible to run the country when
parliament and president lose legitimacy. The inclusion of this article is to prevent
unlawful stay in power or term extension for any excuse by elected bodies.
The article constrains
the authority of the whole federal government for the lack of popular
legitimacy provided through free and fair elections. Indeed, the Caretaker
government enjoys limited authorities. It’s prohibited to enter into new
contract, start new initiatives that involve financial obligations or create
commitments for the incoming government. In addition, the incoming parliament and
government have the power to examine the actions taken by the caretaker
government for extreme necessity and amend those actions that fall outside its
jurisdiction. Farmajo’s transgressions challenge the constitutional
responsibility of the caretaker government and force political wrestling.
Villa Somalia and Villa
Hargeisa, the offices of the president and parliament, must remain vacant to
prevent the exercise of any power invested in those offices by the constitution
for lack of legitimacy. The vacancies can’t be filled by an interim president
or parliamentarians. If someone can’t appreciate the difference between legitimate
or illegitimate actions of public officials or institutions, then that person doesn’t
agree with the centrality of the constitution in the public life of all
citizens.
Studies on the subject of
removing illegitimate presidents from office like Farmajo found that it can
happen through the joint pressure of the opposition forces and the international
partners before public rebellion or armed forces intervene and democracy is tarnished.
It is in the best interest of Somalia that Farmajo and former MPs leave office in
compliance with the constitution for future lesson. Since Farmajo hanged the
portrait of the founding father president Adan Adde at his office as his hero,
it is time that Farmajo honors the devotion of his hero to the rule of law and vacates
Villa Somalia tomorrow.
Dr.
Mohamud M. Uluso
[email protected]