High Court of Puntland: A Political Tool or Judicial Body?

GAROWE - The political intricacies of the Puntland administration have once again come under scrutiny as the Constitutional Court remains silent three months after Mideeye, Horseed, and several politicians lodged a lawsuit against the Puntland government.

The chairman of the Supreme Court's absence from the Puntland capital has raised eyebrows. Reliable sources informed Garowe Online that top Puntland officials urged him to depart from Garowe before the Puntland "PEC" election commission's approval.

Article 89 of the Puntland Constitution delineates the judicial structure, dividing it into the High Court of Puntland, the Constitutional Court, the Regional Court of Appeal, the Court of First Instance, the Supreme Court of Justice, and the General Prosecution. Notably,The High Court of Puntland consists of 5 members, while the constitutional court members are the 5 of the high court plus 4 more additional members, totaling 9 members. 

The day before the Puntland election committee's selection witnessed significant political maneuvering. Upon the Speaker of the Puntland Parliament's return to Garowe, he encountered a dispute within the Labor political association. He took advantage of the dispute between the members of the Political association. An association member, under the leadership of the Labor's Secretary, proposed that the PEC, in exchange for the Speaker of the House nominating the member and choosing in his favor, would ensure a victory against a rival faction led by the association's chairman.

Speaker Abdirashid subsequently approved nine members for the contentious Puntland election committee. This committee included the disputed member from the Labor political association, appointed directly by the Speaker.

The Constitutional Court's silence mirrors the High Court's inaction. But where do the Vice President and Chairman Abdirashid fit into this narrative? On the morning the nine members were to be approved, the Vice President of Puntland urged him to reconsider. Their primary contention was against the controversial member from the Labor political association hailing from the Sanaag region.

The composition of the controversial Puntland election committee is noteworthy. Three members were appointed by the President: two from Dhulbahante and one from Leekase. Three others, particularly endorsed by Speaker Abdirashid, were two from Warsangali and one from Majerteen. This selection disrupted the political equilibrium, but after the parliament approved the PEC, the new balance favored the Warsangali tribe.

The Vice President of Puntland, along with his associates, sought intervention from the Deputy Speaker of the High Court of Puntland. Their demand was apparent: the controversial member of the Workers' Political Association should be removed from the PEC. This move by the High Court to suspend this member was welcomed by many but also garnered skepticism regarding the Court's sudden involvement.

However, the Speaker of the Puntland Parliament countered this, asserting no legal grounds to exclude the member. Mediation efforts commenced, leading to an agreement that the Deputy Chairman of the PEC should hail from the Sanaag region.

Interestingly, a Supreme Court member, previously barred from this committee, was present and voted in the election of the PEC chairman and his deputy.

The Supreme Court now faces its challenges. Its decision to suspend PEC members has reportedly caused a rift among the judges, potentially impeding future unanimous decisions.

The unfolding events in Puntland raise critical questions about the intersection of politics and the judiciary and whether the two can truly remain separate in the face of political pressure.

GAROWE ONLINE