Farmajo accused of violating constitution and creating anarchy in Somalia

MOGADISHU, Somalia - Somalia's opposition has accused President Mohamed Abdullahi Farmajo of "falsifying" documents on the establishment of the Judicial Service Commission [JSC] as the country seeks to rectify judicial operations, which have often been rendered inefficient.

Following the pressure from the international community and a number of stakeholders within the country, Somalia has been put on its toes to reform the judiciary, which has almost been dysfunctional for over three decades, thus denying people access to justice.

And the union of presidential candidates in Somalia now accuses outgoing President Mohamed Abdullahi Farmajo of "forging" documents after he signed into law a bill published on the formation of the Judicial Service Commission, which was only debated in the Lower House.

The constitution, the union said in a statement, envisages that such a bill is also discussed in the Upper House [Senate] before it's taken to the president for approval into law. They now insist that Farmajo "acted in contravention" of the constitution.

"The constitution envisages that one of the responsibilities of the Upper House is to approve Judicial Service Commission. It's therefore unconstitutional for the president to establish such a commission without the approval of the Senate," the union said.

Farmajo, the union added, is out to create anarchy in a country that has struggled with instability for several years. The council insisted that the law remains null and void until the Senate debates and approved it.

"The council is now deeply concerned by the actions of the former president to create insecurity, political chaos, and constitutional crisis in the country. The council is further concerned that the presidency has become a hub for forgery of documents."

The Judicial Service Commission is set to reform the country's judiciary which has for a long time failed to kickstart. Usually, the country relies heavily on court-martials, which are often criticized for being unconstitutional given that members of the public are usually tried there.

Once put in place, the Judicial Service Commission will have 7-9 members who will be tasked to reform the country's judiciary. Their roles will include recruiting and vetting of judges, sacking of those who are found guilty of any misconduct contrary to the judicial conduct.

Senate Deputy Speaker Abshir Ahmed also accused the president of disregarding the law, adding that the country will not "tolerate impunity". Farmajo is yet to issue a statement but he has often used Lower House to advance his agenda since he controls the house.

GAROWE ONLINE