The Federal Republic of Somalia
House of the People
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Nullification of the Speaker’s Letter & the Supremacy of the Rule of Law: We, the undersigned members of the House of the People, hereby address the letter from the Speaker of the House of the People, reference no. GSH/B11/069125 dated 15/03/2025, regarding the declaration of Hon. Abdillahi Abib’s seat as vacant and the subsequent directive for filling the alleged vacancy.
Mr. Speaker,We firmly assert that the letter you dispatched today is unlawful and contravenes both the Provisional Constitution and the Standing Orders of Parliament, as explicitly stated in the Provisional Constitution and the Standing Orders of the House, you do not have the authority to unilaterally declare a parliamentary seat vacant. Your action constitutes a breach of these governing documents, as outlined below:
1.Absence of Authority to Declare a Seat Vacant
Article 59(1)(c) of the Constitution and Article 8 of the Standing Orders provide provisions for a member to be absent for two consecutive sessions.
Furthermore, you do not possess the legal authority to determine what constitutes an excusable absence; this determination can only be made by the plenary.
2. Breach of Due Process in Immunity Waivers
Article 70 of the Constitution, in conjunction with Article 9(5) of the Standing Orders, stipulates that when a member’s immunity is waived, it must be approved by two-thirds of the House, excluding vacant seats.
3. Violation of Parliamentary Session Rules
A few months ago, you acted in breach of Article 66(2), which mandates that Parliament sits for four months, followed by a two-month recess. Instead, at your sole discretion, you extended the parliamentary session by an additional month.
4. Exceeding the Speaker’s Powers Article 14 of the Standing Orders clearly defines the powers of the Speaker, and nowhere does it grant the authority to declare an MP’s seat vacant.
5. Potential Grounds for Removal
o Article 17(d) of the Standing Orders stipulates that the Speaker may lose their position if they violate the Constitution, the Standing Orders, or any other law of the land.
In light of these clear violations, we call for the immediate withdrawal of the unlawful letter and demand a formal apology to the House of the People and the Somali public.
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