Somalia's court rejects president's extra year and orders elections within 90 days

Somalia's Supreme Court has ruled President Hassan Sheikh Mohamud's term extension unlawful, triggering a clash over constitutional authority as opposition leaders accuse him of sending troops to arrest its chief justice. ^{[1] [4]}

The November 5 ruling says constitutional changes extending presidential and parliamentary terms from four years to five cannot apply to current officeholders. The court said Mohamud's mandate expired in May and ordered political leaders to agree on an electoral framework within 30 days and hold elections within 90 days. ^{[1] [3] [4]}

The court also rejected Mohamud's dismissal of Chief Justice Baashe Yusuf Ahmed, announced a day before the ruling. The presidency said it had replaced him following complaints about the administration of justice and had appointed former chief justice Ibrahim Idle Suleiman. ^{[2] [5]}

The judges said the president lacked authority to remove the chief justice unilaterally. They said the dismissal was intended "to obstruct the administration of justice" in the constitutional case before them. That accusation comes from the court. ^[5]

Former prime minister Hassan Ali Khaire accused Mohamud of deploying troops to the Supreme Court and attempting to arrest Baashe. A senior judge separately told BBC Somali that government troops had deployed in large numbers around the court and that Baashe had been ordered to leave. ^{[2] [4]}

AFP could not verify Khaire's allegations, and the judge's account was not independently verified. Images published by Somali media appeared to show military personnel inside the compound, but did not establish who ordered a deployment or whether an arrest was attempted. As of Hiiraan Online's November 6 account, the presidency had not publicly responded to the troop allegations, the term ruling or the court's rejection of Baashe's dismissal. ^{[1] [2] [4]}

A ruling against the extra year

Mohamud's government argues that constitutional amendments approved by parliament in March allow him to remain in office until May 2027. The president has said the extra time is needed to prepare nationwide direct elections, replacing a system in which clan elders select representatives. ^{[1] [4]}

The Supreme Court's position is that the amendments did not clearly extend the mandates of those already serving. Their original four-year terms therefore remained in force. The ruling addresses both presidential and parliamentary mandates, widening the dispute beyond Mohamud's own tenure. ^[3]

The case arose from a petition by former president Sharif Sheikh Ahmed challenging the amendments and their effect on the terms of federal institutions. The court rejected his challenge to the amendment process on standing grounds, meaning his entitlement to bring that part of the case, while accepting his argument about current officeholders' mandates. ^{[3] [5]}

That split decision leaves the constitutional changes and their immediate application as separate questions. Parliament's approval of a five-year term did not, in the court's view, give serving leaders an additional year. ^[3]

Two claims to control the court

The confrontation over Baashe began on November 4, when the presidency announced his dismissal and named Suleiman as his replacement. It said the move was intended to ensure a transparent and fair judiciary following complaints about the administration of justice. ^[5]

The court declared that action null and void. Its statement linked the dismissal to the pending constitutional petition and accused the president of interfering with the administration of justice. The presidency's stated justification and the court's accusation offer sharply different explanations for the same removal order. ^[5]

Control of the court's leadership now sits inside the dispute the court was asked to resolve. If the presidency can replace the chief justice while judges consider the president's mandate, the independence of that decision is at stake. If the court's rejection of the dismissal holds in practice, it imposes a direct limit on presidential authority.

For the opposition, the judgment supplies a legal basis for resisting the additional year. Mohamud's opponents describe the reforms and extension as a power grab. Most opposition and regional parties boycotted the March parliamentary vote, and some said they had been barred from attending. ^[4]

Competing election clocks

The electoral commission has scheduled parliamentary elections for April 15, 2027, followed by a presidential election a month later. Opposition groups and the regional administrations of Puntland and Jubaland reject that timetable. ^[1]

Counting 90 days from the ruling puts the court's election deadline on February 3, 2027, 71 days before the commission's planned parliamentary vote. That requires leaders who dispute both the president's mandate and the existing election calendar to settle the rules together. ^{[1] [4]}

The dispute is unfolding alongside Somalia's long-running conflict with al-Shabaab, which controls parts of the countryside. International donors have been cutting support for the military mission, according to AFP reporting carried by Africanews. Uganda, the largest contributor to the African Union force, has announced that it will withdraw all its troops by the end of 2027. ^{[1] [4]}

The next political test is closer. Mohamud has called national talks for November 14 to 18, but opposition leaders have questioned his legitimacy to convene them. Those talks now face the court's demand for an electoral agreement and the presidency's insistence that its mandate continues. ^[1]