Ambiguity and inconsistencies in Provisional Constitution fueling fights between PM Roble and Farmaajo

GOOBJOOG NEWS|MOGADISHU: The inconsistencies and gross ambiguity in the Federal Provisional Constitution is the fuel that keeps the flame blazing in the ongoing political row between Prime Minister Mohamed Roble and outgoing President Mohamed Farmaajo.

Raw political ambition and hope for an extended stay in office are at the core but conveniently aided by a Constitution which remains ambiguous and readily lends itself to the diverse but somehow contextually true interpretation.

Following the dismissal of Security Minister Hassan Hundubey and replacement by Abdullahi Mohamed Nur Wednesday night, Villa Somalia fired back immediately dismissing the changes as ‘illegal, unprocedural and unconstitutional’.

Farmaajo quoted article 90 (e) which states that the President has powers to ‘dismiss ministers, state ministers and deputy ministers on the recommendation of the Prime Minister.’

In building his case for the dismissal of Hundubey, the PM, though did not issue a statement justifying his legal basis must have jumped ten articles ahead to 100 (b) which empowers him to ‘appoint and dismiss members of the Council of Ministers.’

Going by these two articles, both leaders are on a free-wheeling spree each hanging on their respective constitutional safeguards but to the detriment of law, order, and stability of the state.

The very gentlemanly modus operandi in Somali politics, which may have addressed some of the most consequential political conundrums have unfortunately left the country at the mercy of individuals rather than institutions. The drafters of the Provisions Constitution may too have been largely informed by that gentlemanly understanding to things that they decided to give equal powers to both the President and Prime Minister regarding the dismissal of ministers.

Traditionally, the appointment of the cabinet has been a give-and-take arrangement between the President and Prime Minister which presents a challenge when it comes to dismissal as demonstrated by the Wednesday night battle over Hundubey.