Deadlock in Puntland as Parliament Declares Court Verdict on Term Extension ‘Void’

GOOBJOOG NEWS|GAROWE: Puntland State Parliament has dismissed a ruling of the Constitutional Court on its vote to extend its term by one year as ‘void’ noting the apex court violated various provisions of the law including the right to a fair hearing.

In a statement Monday following the ruling on Sunday, Puntland parliament speaker Abdirashid Jibril said the court verdict failed to adhere to the process of fair hearing, due process, and procedures of the court.

The speaker noted that the hearing was done ex parte since Parliament was not served by the Attorney General nor did it participate in the proceedings.  He cited Article 89 of the state constitution, which states, ‘No judgment can be handed down without all parties having the opportunity to present their views.” In effect, therefore, the speaker said, the ruling only served the interests of the Attorney General and the executive.

The speaker also castigated the move to resolve the matter in court, noting that it violated provisions for out-of-court settlements through mediation and adding that the Dhulbahante Community Committee had offered to resolve the disputes following the approval of the House.

The Constitutional Court ruled on Sunday that the December 7 vote by the Puntland parliament to extend its term by one year was unconstitutional and void and ordered that the election of a new parliament be conducted in line with the constitution. This meant new MPs would be elected in early January when the term of the president also lapses.

Further, the Puntland assembly argued that the sitting of judges failed to meet the threshold of nine as provided by rules of procedure, arguing that only five judges heard and dispensed of the case.

The speaker’s decision is likely to spark a new round of wrangling over the elections in Puntland. Outgoing President Abdullahi Deni bowed to pressure last week and dropped his bid for a one-person-one-vote electoral formula and instead endorsed the clan-based formula following several months of grandstanding.