UN experts have condemned Somalia’s dismissal of Chief Justice Bashe Yusuf Ahmed, calling it an unlawful attack on judicial independence…reports Africa Daily News Desk
UN experts have condemned the Somali Government’s dismissal of Chief Justice Bashe Yusuf Ahmed, describing the move as unlawful interference with judicial independence and warning that the escalating confrontation threatens the rule of law and democratic institutions.
The experts also criticised the swearing-in of Ibrahim Idle Suleiman as a purported replacement on November 7, just three days after Ahmed was removed from office by a presidential decree.
They said the dismissal on November 4 did not follow constitutional procedures, including parliamentary approval or a proposal from the Judicial Services Commission.
“We strongly condemn this blatant interference with the independence of the judiciary,” the experts said, warning that the unilateral removal and rapid appointment of a replacement undermined the country’s legal framework.
The controversy emerged on the eve of a Supreme Court hearing on the constitutionality of recent measures extending the terms of Somalia’s President and Parliament from four years to five.
On November 5, five Supreme Court judges proceeded with the case and ruled that the extensions were unlawful, declaring that the terms of both the President and Parliament had expired. They ordered that elections be held within 90 days.
The judges also ruled that Ahmed’s dismissal was unconstitutional and appeared intended to obstruct the court’s examination of the extensions.
However, the government refused to comply with the court’s orders, deploying hundreds of security personnel to the Supreme Court in what the experts described as an attempt to disrupt and intimidate the judiciary.
The situation further escalated after seven Supreme Court judges had their personal security protection withdrawn, despite concerns over potential threats to their safety. The judges were also reportedly prohibited from travelling.
On November 7, Ibrahim Idle Suleiman was sworn in as the purported new Chief Justice at a ceremony attended by the President.
UN experts demand protection for judges
The experts expressed particular concern over the intimidation of judges and the withdrawal of their security arrangements, calling for immediate action to protect members of the judiciary.
“We condemn the attempted intimidation of judges and serious threats to their security – their personal protection must be urgently reinstated,” they said, also urging security forces to stand down.
They stressed that international, African and national laws required governments to safeguard judicial independence, particularly when courts were dealing with politically sensitive disputes.
According to the experts, judges must be able to make decisions without improper influence, pressure, threats or interference, while judicial proceedings must remain free from unwarranted intervention.
They also highlighted international principles governing the suspension and removal of judges, stating that such action should only be taken on grounds of incapacity or conduct that makes them unfit to perform their duties.
Any disciplinary proceedings, they said, must follow fair hearings, established standards of judicial conduct and independent review. They also pointed to international principles governing the selection and appointment of judges.
Concerns over Somalia’s judicial independence
The latest developments have renewed concerns over the independence of Somalia’s judiciary and the potential consequences for the country’s political stability.
Previous assessments have warned that irregular and contested constitutional reform processes, combined with the absence of an independent judiciary, could weaken Somalia’s counter-terrorism and stabilisation efforts.
The concerns come as the country continues to face serious security challenges from Al-Shabaab, the militant group responsible for attacks across Somalia.
The experts warned that undermining judicial independence could further weaken the country’s democratic institutions and the rule of law at a critical time.
They called on the government to restore Ahmed to his position as Chief Justice and guarantee the security of all judges.
“The lawfully appointed Chief Justice Ahmed must be restored to office and his security and that of all other judges must be guaranteed,” the experts said.
