Clash over powers of the Speaker as impeachment ruling irks opposition

The decision by the speaker to invalidate the impeachment motion against the president has drawn mixed reactions with some lawyers accusing the speaker of usurping the authority of the courts and circumventing the legal process while others think the speaker acted within the law.

Somali-Canadian lawyer, Ali Halane told Goobjoog News the speaker erred in unilaterally terminating the motion despite the availability of legal options and procedures which would have been employed to ensure the matter is disposed of appropriately.

“Article 218 of the Penal Code contemplates the creation of a special division in the Supreme court to serve as a constitutional court for the purposes of handling such matters. It was therefore not a conclusive matter to cite lack of a constitutional court as basis for dismissal of the motion’– Halane

“The speaker should have widely consulted with the drafters of the motion before making the decision which would still have not been in line with the laws of the land. The Provisional Constitutional and the Penal Code gives clear guidelines on this matter,” said Halane.

Court powers

Halane said the interpretation of the legality of a motion of impeachment squarely rests with the courts and not the speaker’s chambers.

In his memorandum on dropping the motion, the speaker said the motion did not have a legal standing citing  Article 84 of the Penal Code which identifies treason as reasonable grounds for impeachment. However a group of MPs who sponsored the motion faulted the speaker noting that Article 92 of the Provisional Constitution which is the primary law on impeachment of the president does not confine itself to treason.

However, Ahmed Abdirahman Diriye, a lawyer and lecturer at Somali International University says the powers to determine the legality of the motion lie with the speaker and therefore was within legal limits to terminate the motion.

“Once the speaker receives the motion based on determination of its legal remits which include the 1/3 threshold and other legal requirements such as reasons for impeachment, the speaker can either slot in the motion in the order paper or dismiss it based on procedure,” said Diriye.

Unilateral decisions

But the pro-impeachment lawmakers have warned the speaker of unilateral decisions and arrogating himself powers only resident within the court. “Even if your interpretation of the law is correct, the Constitution does not provide you with any powers of the determination of the validity of the legal grounds of an impeachment,” said the MPs.

Regarding the technicality of the non existence of the constitutional court, Halane says the speaker may not have bothered or overlooked the legal provisions in the Penal Code which provides for the establishment of the constitutional court within the framework of the Supreme Court.

“Article 218 of the Penal Code contemplates the creation of a special division in the Supreme court to serve as a constitutional court for the purposes of handling such matters. It was therefore not a conclusive matter to cite lack of a constitutional court as basis for dismissal of the motion,” said Halane.

The speaker’s decision to strike down the motion has thrown the impeachment caucus off balance but they have vowed to fight it out. Parliamentary procedure observes that such a motion can only be re-introduced to the house after six months.

Even as MPs seek to impeach the president, it now emerges that some are already baying for the speaker’s blood. Some MPs who spoke anonymously told Goobjoog News said once they are done with the president they will seek to send home the speaker on grounds that he has equally violated the law as the president and now serves as a poster boy of the executive.

International image

The fact that the speaker made the ruling a day before President Hassan Sheikh Mohamud jetted off to New York for the UN General Assembly added more to the conspiracy that speaker worked at the behest of Villa Somalia to present the country in good light in the international arena.

The speaker called on the MPs to converge together with the President and Prime Minister on October 7, for a consultative meeting to iron out pending issues regarding the motion but the impeachment caucus has dismissed the meeting as illogical given the motion has been struck down.