A Constitutional Crisis. The Imperative for Parliament to Impeach President Hassan

A Constitutional Crisis. The Imperative for Parliament to Impeach President Hassan

By Dayib Sh. Ahmed

Somalia is currently navigating through a crisis of epic proportions, characterized by longstanding challenges that threaten the future of its people and national integrity. At the core of this situation is a political class whose actions have disillusioned the general public. These leaders often treat governance as a platform for self-serving agendas, lacking the strategic vision and ethical commitment needed for true social and national progress. Their decisions or rather indecisions exacerbate conflicts, invite foreign meddling, and deplete local resources, placing an unfair burden on the everyday citizens who are striving for better lives.

The absence of vision, coupled with the inability to learn from history or prepare for the future, has left our homeland in a perilous state, longing for genuine leadership and transformative change.

Leadership failures at the core

The principles of ethical leadership are both universal and timeless, providing a framework for revitalizing our political landscape. From the example of the Prophet Muhammad (peace be upon him), who led with humility and wisdom despite facing material challenges, to the transformative journeys of modern nations like America and Europeans nations, China, history offers abundant lessons for those open to learning. Leaders must grasp the crucial differences between power and true success, between empty rhetoric and impactful communication, and between opportunism and steadfast values. Political acumen should not be gauged by wealth, coercion, or grandiloquence, but by the ability to mobilize resources for the benefit of all, instill confidence, and remain resolute in the face of adversity.

Generally, what challenges our region is a widespread culture of political ineptitude, where positions of power are often filled by individuals lacking the necessary qualifications to lead effectively. Somali politicians specially confuse shrewdness with true wisdom, misinterpreting self-serving motives as public service. They fail to recognize that genuine leadership requires integrity, empathy, and the capacity to inspire and unite people around a shared vision. The ongoing political crisis in Somalia and the broader region highlights the pressing need for transformative leadership characterized by integrity, vision, and a steadfast commitment to the public good. More specifically, the actions of the President of the Federal Republic of Somalia, Mr. Hassan Sheikh Mohamud, serves as a stark illustration of the leadership ineptitude-ness that have led our nation to this precarious juncture. His unconstitutional maneuvers and blatant disregard for the rule of law reveal a governance style steeped in self-interest and political opportunism, rather than a sincere dedication to Somalia’s sovereignty and the welfare of its citizens.

The President’s recent actions, particularly his unilateral agreements with the Ethiopian and Turkish governments, unveil a profound betrayal of Somalia’s constitutional framework. In light of Parliament’s unified stance to protect the nation’s sovereignty following Ethiopia’s illegal Memorandum of Understanding (MOU) with the Somaliland administration, the President’s decision to engage in secret negotiations and agreements that circumvent Somalia’s essential institutions is troubling. These agreements, which include granting Ethiopia access to Somali ports and maritime territories, not only violate the constitution but also undermine the resolutions established by both houses of Parliament and the Council of Ministers. Such conduct reflects a troubling indifference to national sovereignty and the democratic principles that should guide our governance. It equally breaks the public aspirations for a better future.

The leadership malady as illustrated above that led to this political debacle underscores the urgent need for a new generation of leaders who reject the cynicism and self-serving tendencies that have plagued the Somali people. Leadership must transcend mere political theatrics or unchecked authority; it should embody accountability, transparency, and a steadfast commitment to the rule of law. A genuine leader respects the institutions of governance and ensures that decisions affecting national security and sovereignty are inclusive and aligned with constitutional principles. The President’s actions, which prioritize secretive deals over democratic processes, exemplify the very failures that must be rectified to secure Somalia’s future.

Seemingly, the crisis in Somalia starkly contrasts the ideal principles of leadership with the harsh realities of governance under the current administration. The actions of President Hassan Sheikh Mohamud exemplify a profound betrayal of constitutional principles and an erosion of the democratic framework. At a time when Somalia’s sovereignty and unity demand unwavering adherence to the rule of law, the President’s conduct highlights the very failures that call for immediate reform and accountability.

President at war with the constitution

As the constitutionally mandated guardian of the Somali Constitution and a symbol of national unity under Article 87, the President has acted in ways that blatantly violate these duties. His secret agreements with foreign governments, including Turkey and Ethiopia, have circumvented the constitutional processes outlined in Articles 90(q) and 53. By bypassing the Council of Ministers, Parliament, and federal member states, the President has not only undermined Somalia’s federal principles but also rendered key institutions ineffective. This disregard for legal frameworks has diminished the legitimacy of governance and established a perilous precedent for unilateral decision-making.

A pivotal example of these violations is the President’s response to Ethiopia’s illegal Memorandum of Understanding (MOU) with Somaliland, signed on January 1, 2024. Despite the unanimous decree from Parliament and the Council of Ministers to defend Somalia’s sovereignty and independence, the President proceeded with unauthorized negotiations, leading to agreements that granted Ethiopia access to Somali seaports and maritime territories. These agreements, detailed in the Addis Ababa joint communiqué and the Ankara Declaration, represent a direct affront to Somalia’s sovereignty and disregard the resolutions of its legislative and executive bodies. Furthermore, they violate international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS), potentially creating future maritime disputes.

The President’s actions also underscore a systemic failure to uphold the constitutional principle of federalism, as mandated under Articles 50, 51, and 53 of the Constitution. These articles stipulate that federal institutions must collaborate with member states on issues of foreign aid, trade, and treaties. The deliberate exclusion of member state representatives from critical negotiations constitutes a violation of constitutional principles and undermines the spirit of cooperation essential to Somalia’s federal structure. This centralization of power has further alienated federal member states, exacerbating tensions and weakening national unity.

Beyond constitutional breaches, the President’s actions also constitute serious criminal violations under the Somali Penal Code. These include acts of treason (Article 184), collaboration with foreign entities against national interests (Article 186), undermining constitutional governance (Article 217), and inciting instability or civil war (Article 223). The severity of these offenses is highlighted by their associated penalties, which range from long-term imprisonment to capital punishment, underscoring the gravity of actions that undermine national sovereignty and stability.

The culmination of these actions, which blatantly violate the constitution, necessitates immediate impeachment proceedings under Article 92 of the Provisional Constitution. While the article outlines a process involving the Constitutional Court to review allegations, it is important to note that Somalia currently lacks a functioning Constitutional Court. Therefore, the responsibility falls solely on Parliament to act decisively in holding the President accountable for acts of national treason, gross constitutional violations, and breaches of the law.

Given the overwhelming evidence of misconduct, both houses of Parliament must urgently take the lead in impeaching President Hassan Sheikh Mohamud to safeguard the nation’s sovereignty, uphold the rule of law, and ensure the continuity of governance. It is their constitutional and moral duty to act without delay in defense of the people and the principles of the Federal Republic of Somalia.

A path forward

Somalia’s two most pressing challenges are poor leadership and the consistent bypassing of constitutional principles, which have been central to the country’s political instability and governance failures. To prevent further deterioration, it is imperative that President Hassan cannot step down, so Parliament must move to impeach him as quickly as possible. Genuine leadership and transformative reform are essential for fostering accountability and building a
more resilient and stable Somalia.

Authentic leaders do not betray the trust of their people or treat governance as a tool for personal enrichment. Instead, they demonstrate a blend of strength and compassion, understanding that leadership is about service, not domination. Governance without an ethical foundation is an exercise in futility, often resulting in hollow rhetoric and short-lived promises. True leadership must be redefined as a responsibility earned through wisdom, integrity, and a selfless commitment to the nation’s welfare.

The current administration, under President Hassan Sheikh Mohamud, has exacerbated these challenges by making unilateral decisions without consulting the cabinet, parliament, or other institutional bodies. Such practices undermine constitutional principles and erode public trust in governance. Leadership cannot thrive in an environment where power is concentrated and accountability is disregarded. Somalia’s hope lies in the emergence of a new generation of leaders—individuals who reject the failures of the past and commit to fostering a culture of intellectual freedom, transparency, and critical thinking. This new generation must rise with a clear purpose, guided by the principles of justice and the rule of law. Only through such leadership can Somalia navigate its political crisis and lay the groundwork for a stable and prosperous future.

Above all, Somalia must reclaim the sanctity of its constitutional order and demand accountability at the highest levels of leadership. The President’s conduct has not only undermined public trust but also jeopardized Somalia’s sovereignty and federal unity. This moment calls for the emergence of principled leaders who prioritize the collective good over personal gain, decisively rejecting the opportunism that has long plagued Somali politics.

Dayib Sh. Ahmed
Email: Dayib0658@gmail.com
Dayid is writer, political analyst and WardheerNews contributor.

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