Somali Judges Forum Pushes Back Against African Jurists’ Criticism over Chief Justice’s Removal

GOOBJOOG NEWS | MOGADISHU: The Somali Judges Forum has defended the government’s handling of judicial appointments and the removal of former Chief Justice Bashe Yusuf Ahmed, rejecting aspects of criticism raised by the African Judges and Jurists Forum (AJJF) over the dispute.

In a statement responding to the African legal body’s concerns about judicial independence in Somalia, the Somali Judges Forum said assessments of the dispute should take into account the country’s transitional judicial arrangements and distinguish verified facts from contested allegations.

The disagreement centres on President Hassan Sheikh Mohamud’s decision to remove Bashe Yusuf Ahmed on November 4 and reinstate former Chief Justice Ibrahim Idle Suleiman, a move challenged by the Supreme Court the following day.

The Supreme Court declared the removal invalid, arguing that the president could not unilaterally dismiss the chief justice without following the constitutional procedures governing judicial appointments and removals.

However, the Somali Judges Forum disputed the chronology highlighted by the AJJF, which described the dismissal as occurring a day after the Supreme Court’s ruling on the terms of office of the president, parliament and federal government.

The Forum maintained that the removal was announced on November 4, while the court issued its ruling on November 5, arguing that the sequence was important in assessing claims that the dismissal was retaliation for the court’s decision.

It stressed that clarifying the timeline should not be interpreted as recognising the disputed court pronouncement as legally valid.

The Forum also argued that judicial appointments and removals have been handled through transitional arrangements pending the full establishment of the High Council of the Judiciary.

It said the former chief justice’s appointment and subsequent removal took place within that framework, adding that the Council of Ministers had approved four nominees to the High Council and forwarded their names to parliament for the remaining procedures.

The response comes amid growing concerns from regional and international judicial organisations over the confrontation between Somalia’s executive and judicial branches.

The AJJF had urged President Hassan Sheikh Mohamud to reverse Bashe Yusuf Ahmed’s dismissal, expressing concern over reports of harassment and the chief justice’s alleged arrest. It described the removal as an attack on judicial independence, arguing that it followed the Supreme Court’s ruling on the mandates of federal institutions.

The Somali Judges Forum said it took allegations of intimidation, detention and harassment involving judicial officers seriously and called for credible claims to be investigated. However, it cautioned against treating unverified reports as established facts or assigning responsibility without sufficient evidence.

The dispute has exposed deeper institutional tensions in Somalia, where disagreements over constitutional amendments, electoral arrangements and the terms of federal institutions have increasingly drawn the judiciary into the country’s political contest.

The Forum called for disputes involving judicial appointments and removals to be addressed through established institutional channels, warning against political interference that could undermine public confidence in the justice system.