The Constitutional Court’s decision to extend its term by a year was rejected by the Puntland State Parliament as “void,” citing the court’s violations of several legal provisions, including the right to a fair trial.
Speaker of the Puntland Parliament, Abdirashid Jibril, claimed in a statement released on Monday that the court’s decision did not follow the rules of due process, fair hearings, and court procedures.
The ruling was made on Sunday. The speaker pointed out that since Parliament was neither served by the Attorney General nor involved in the proceedings, the hearing was held ex parte.
He referred to Article 89 of the state constitution, which says that “no decision can be made until all parties have had a chance to voice their opinions.”
The speaker effectively stated that the decision benefited the Attorney General and the executive branch alone.
The speaker also criticized the decision to take the case to trial, pointing out that it went against the rules governing out-of-court settlements through mediation and pointing the Dhulbahante Community Committee had offered to settle the dispute after the House gave its approval.
On Sunday, the Constitutional Court deemed the Puntland Parliament’s decision to extend its term by one year on December 7 unconstitutional and invalid. Consequently, the court ordered the election of a new parliament by the constitution. Consequently, new members of parliament will be elected in early January, coinciding with the expiration of the president’s term.
Additionally, the Puntland Assembly contended that the number of judges present did not meet the required minimum of nine, as stipulated by the rules of procedure. They asserted that only five judges participated in the case and rendered a verdict.
The speaker’s ruling is likely to ignite a fresh wave of disputes concerning elections in Puntland. Last week, President Abdullahi Deni yielded to pressure and abandoned his pursuit of a one-person, one-vote electoral system. Instead, he endorsed a clan-based formula after months of dramatic posturing.
