A Somali Member of Parliament, Dr Abdillahi Hashi Abib, has filed a case against the Federal Government of Somalia at the East African Court of Justice (EACJ) in Arusha, Tanzania.
Dr Abib is challenging the government’s actions, including the controversial constitutional amendment process.
Somalia’s parliament recently backed constitutional changes that could extend the President’s term by one year and delay planned elections.
Dr Abib, an MP representing the Awdal region and Gebileh District in Somaliland and a member of the parliamentary Foreign Affairs Committee, argues that the amendments followed a “flawed process” and violated both Somalia’s Provisional Constitution (2012) and the Treaty for the Establishment of the East African Community (EAC).
According to the application, the government unilaterally amended the constitution by altering 45 articles, introducing new chapters and changing power-sharing arrangements without broad consultation.
The amendments also extend the terms of the President and Parliament from four to five years.
Dr Abib is seeking conservatory orders from the EACJ to block the implementation of the amendments until the court hears and determines the case.
The Attorney General of Somalia has up to 45 days from the date of the application to respond.
“That on 8th March, the President of Somalia assented to the new constitution which amendments the provisional constitution of the Federal Republic of Somalia through fundamentally flawed, unconstitutional, and undertaken in blatant violation of both the domestic constitutional procedures governing the amendments and the principles of the Treaty specifically good governance, rule of law and democracy,” Dr Abib states in his application.
“That the new constitution is likely to take effect immediately thereby triggering its unconstitutional provisions.”
“Pending inter parte hearing and determination of the instant motion a conservatory order be issued restraining, prohibiting the government of Somalia from implementing the new provisions of the federal transition constitution and conserving the provisions of the original provisional constitution till the final determination of the application and the reference,” he said.
Dr Abib argues that the case concerns the constitution of a partner state and is therefore of significant interest to the people of Somalia and the EAC. He warns that unless the court urgently intervenes, the contested amendments could take effect and trigger political tension in an already fragile environment.
“That of great importance is the fact that the constitution term of the Parliament is due to expire in April 2026 and the constitutional term of the President shall expire in May 2026 thus creating an imminent constitutional transition period during which the legality of the constitutional framework governing state authority shall be key,” Dr Abib said in the application.
“That if the legality of the impugned amendments is not determined urgently before the expiry of the said constitutional mandate, the respondent (Government of Somalia) will rely on the contested amendments to extend political authority, potentially undermining constitutional order, democratic governance and the rule of law.”
He adds that it is in the interest of justice, the rule of law and the court’s jurisdiction that the matter be heard on a priority basis and conservatory orders issued.
