By M.A. Egge
The Somaliland Constitutional Court has given the Speaker of the Parliament, the House of Represntatives, Abdirizaq Khalif Ahmed seven days to answer to charges of treason by betraying trust bestowed upon him.
Topmost of the charges is the denial of the essence and entity of Somaliland’s nationhood.
The President of the Chief Justice Adam Haji Ali gave the order following the charges filed by the Attorney General prosecutor Abdirahman Jama Hayaan.
In a four-point charge sheet, the Attorney General also seeks from the court a writ to annul the incumbency of Abdirizaq Khalif as a member of the House of Representatives.
The order directing the Speaker to respond dated Tuesday 6th of June read;
“‘Response to Constitutional Lawsuit’
“We are submitting herewith a copy of a Constitutional Lawsuit filed against you by the Attorney General of the Republic of Somaliland, which is the case Nr. MS/GDD/02/2023, filed at the Constitutional Court.
“Therefore, you are required to respond to the constitutional complaint within seven (7) days from 6/6/2023 to 13/06/2023.
“Chief Justice Adam Haji Ali Ahmed”.
The Attorney General filed the case against the Speaker which consisted of four violations of treasonable acts also sought from the court a writ to annul Abdirizaq’s incumbency as a member of parliament.
The Attorney General of Somaliland, Abdirahman Jama Hayaan, has accused the Speaker of the House of Representatives, Abdirisaq Khalif, of opposing the existence and nationhood of Somaliland.
The constitutional case against Abdirisaq Khalif went thus:-
Purpose:- Notification of a Constitutional Case against
Speaker Abdirisaq Khalif Ahmed
Your Honourables,
We would like to inform you that we have submitted a case to the Constitutional Court against Governor Abdirisaq Khalif Ahmed as mentioned in our letter dated 01/06/2023, and the court received on 04/06/2023, who violated Articles 1 and 2, 129, 50, its 3rd and 5th sections, 38th its 3rd and 4th sections, 123 of the Somalilnd Constitution. Here are the details of the lawsuit:
- Chairman Abdirisaaq Khalif Ahmed openly opposed the existence and unity of the Somaliland Nation, supporting the resolutions issued by the Garaads Committee and the 33-member committee that met in Las Anod. In which they said that the regions of Sool, Sanaag and Ayn are not part of Somaliland and are directly under the Federal Government of Somalia, thus he contravened and violated the 1st and 2nd Articles of the Constitution;
- He lied about the national oath in which he swore to be loyal to the country and nation of Somaliland and govern its people with equality and justice in accordance with Article 129 of the Constitution, given that he has stated that represents a part of the people of Somaliland and is not sincere to the whole country.
- He also violated Article 50, section 3 and 5 of the Constitution, by breaking the terms of his election, failing to perform his elected duties, and absenting himself from the Assembly for 20 (twenty) consecutive sessions; and that he was absent from the work of the House of Representatives for more than 45 days without an excuse, as mentioned in Article 10 section (1) (J) (X) (KH) of the By-laws of the House of Representatives Nr.01/ 2021. He also violated Article 38, the 3rd and 4th articles of the national Constitution, which states the goals and obligations of the Somaliland Parliament which he represented, which was to ensure the integral security of the nation of the republic Somaliland and the integral independence in the administration of its land, sea, and air.
- He violated Article 123 of the Constitution, which enshrines the principles of the National Army, that is the protection and defense of the Nation.
He falsely accused the national army of starting and perpetrating the war hence alleged that they committed genocide while at the same time he expressed encouragement to the allied groups that are involved in terrorism, the anarchic militias, and the Puntland forces that brought the armed invasion to Somaliland, claiming he defended their view that they are defending themselves from oppression, (which is null and void).
So, based on Article 49 sect 1 of the Judiciary System Act Xlm.24/2003, Article 49 sect 7 of the Constitution and Article 119 XHM blended with Article 68 XHM, we have submitted a case to the Constitutional Court that we ask for a writ to annul the membership of the House of Representatives of the Chairman Abdirisaaq Khalif Ahmed because he grossly violated the Constitution.
The Attorney General of Somaliland Abdirahman Jama Hayan.”