Impeachment motion stillborn in absence of Constitutional Court-Awad

The impeachment against President Mohamed Farmaajo cannot be effected since there is no constitutional court in the country, first deputy Mahad Awad has said while terming such move as detrimental to the stability of the country.

Mahad told journalists Monday he had also sought the opinion of speaker Mohamed Mursal but he declined to be drawn into the matter.

“There is no constitutional court to rule on the validity of the motion, therefore, it cannot be handled,” said Awad.

According to article 92 (3) of the Provisional Constitution, a motion of impeachment shall be transmitted to the Constitutional Court which shall determine if there is legal ground to remove the president from office.

Awad’s justification against the motion has in the past been used to counter attempts to impeach the President. When former President Hassan Sheikh Mohamud faced such a predicament in 2014, he called for ‘adherence to legal processes’ which in effect included the requirement that the Constitutional Court go through the pleadings first.

The framers of the current Provisional Constitution set ambitious timelines for setting up of the Constitution following its adoption by Parliament in 2012. The Constitutional Court, which is tasked with interpreting the Constitution, the framers said, should be formed within 60 days.

However about 1,825 days later, there is not even a bill seeking the formation of the Court.

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