MOGADISHU (Somaliguardian) – Somalia’s Supreme Court has given the federal government until Thursday to present its defense in a case filed by opposition leader Sharif Sheikh Ahmed seeking to annul a controversial new constitution.
Regional states opposed to the president, together with the opposition, call the charter unilateral, arguing that it was drafted solely by the current leadership and its circus. It was approved in March in the absence of opposition members of parliament, who had been blocked from the session.
President Hassan Sheikh hailed the document as a new chapter for Somalia. Puntland, Jubaland and the opposition, however, say they do not recognize it and continue to recognize the 2012 draft constitution. That text, unlike the new one, was drafted under a broad-based agreement among all of the country’s political stakeholders, which made it a constitution recognized by all as national.
Many say the opposition’s case is a test of the court’s independence. Many have alleged for years that the court is not independent of the executive, and that for decades Somalia’s judiciary has never become independent, with its decisions shaped by political decisions from the top.
For its part, the federal government is looking for avenues to win the case, or at least to halt the court’s proceedings.
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