Somalia Defends Chief Justice’s Removal in Response to UN Experts

GOOBJOOG NEWS | MOGADISHU: The federal government of Somalia has defended the removal of former Supreme Court Chief Justice Bashe Yusuf Ahmed, telling United Nations experts that the decision followed transitional legal arrangements in place pending the establishment of key judicial institutions.

In a statement issued by the Ministry of Justice and Constitutional Affairs, the government said the removal, which took effect on November 4, was carried out through a process similar to the one used for his initial appointment, arguing that the High Council of the Judiciary had not yet been fully constituted.

The response followed a statement issued on November 12 by UN human rights experts who condemned the dismissal, questioned its constitutionality and called for Ahmed’s reinstatement, warning that the developments threatened judicial independence and the rule of law.

The ministry said it respected the role of UN experts and international institutions but expressed concern that the statement had been released without first seeking clarification from the government.

According to the ministry, Somalia’s mission in Geneva had asked the experts to submit a formal list of the issues they wanted addressed so that authorities could prepare for an urgent discussion. It said the requested details were not received before the statement was published.

On the judicial transition, the government argued that Somalia was moving towards a new constitutional framework adopted in 2026, but that several constitutional institutions, including the High Council of the Judiciary, were yet to be fully established.

The ministry also rejected the legal validity of decisions and communications issued by Ahmed after his removal took effect, arguing that he no longer held the authority of the chief justice at the time.

The government further defended its position in the constitutional case before the Supreme Court, saying the Attorney General’s Office had raised preliminary legal questions concerning the court’s jurisdiction, the composition of the panel hearing the case and the legal standing of the parties involved.

It maintained that these issues should be resolved before the court considers the substance of the dispute, describing them as necessary safeguards for the legality of judicial proceedings and decisions.

The ministry stressed that the government did not oppose judicial review of constitutional matters but insisted that courts must have the proper jurisdiction and follow legally established procedures.

The UN experts, however, said Ahmed’s removal by presidential decree had bypassed constitutional requirements, including a proposal from the Judicial Services Commission and parliamentary approval. They also criticised the swearing-in of Ibrahim Idle Suleiman as his replacement on November 7 and called for Ahmed’s reinstatement.

The dispute has also centred on a Supreme Court ruling issued on November 5 concerning the constitutional amendments extending the terms of the president and parliament. The government’s legal position on the court’s jurisdiction and the proceedings has added to the wider disagreement over the authority of the judiciary during Somalia’s constitutional transition.

The Justice Ministry said it remained willing to engage with the UN experts and provide further information on the government’s position, urging political actors and state institutions to resolve the dispute through dialogue while safeguarding stability, the rule of law and judicial independence.