Somalia’s Supreme Court has ruled that President Hassan Sheikh Mohamud’s one-year term extension was unlawful, declaring that his four-year mandate expired in May and ordering political leaders to agree on an electoral framework within 30 days.
In a ruling issued Thursday, Nov. 5, the court said constitutional amendments adopted in March to extend presidential and parliamentary terms from four to five years did not apply to officials already in office.
The five-judge panel determined that Mohamud’s presidential term ended May 15, 2026, while the mandates of both houses of parliament expired April 14. The federal government’s mandate also ended on April 14, the court ruled.
The judges declared that actions taken by the institutions after their respective mandates expired were “unconstitutional, unlawful and null and void.”
The court ordered political stakeholders to reach consensus on a workable electoral framework within 30 days and directed that elections be held within 90 days.
It also ruled that the federal government could remain in office as a caretaker administration, but restricted its authority to routine, day-to-day government affairs.
The decision followed a petition filed by former President Sharif Sheikh Ahmed on Oct. 11, challenging the constitutional amendments and the extension of mandates for elected federal institutions.
The court rejected his challenge to the process used to amend the constitution, ruling that he lacked legal standing to contest that part of the case. However, it accepted his challenge to the application of the extended terms to officials already in office.
Parliament approved the revised constitution on March 4, and Mohamud signed it four days later. The amendments established five-year terms for the presidency and parliament, replacing the previous four-year mandates.
The government had argued that the changes allowed Mohamud to remain in office until May 2027. Opposition leaders rejected that interpretation, saying his mandate had expired in May this year.
The ruling deepens an already tense political dispute over Somalia’s electoral system. Mohamud has pushed for a transition from the country’s indirect, clan-based voting system to universal suffrage, under which citizens would directly elect their representatives.
Opposition groups and regional administrations, including Puntland and Jubaland, have challenged the government’s approach, accusing it of pursuing constitutional and electoral changes without sufficient political consensus.
The Supreme Court’s decision also creates uncertainty over the electoral timetable. Somalia’s electoral commission had scheduled parliamentary elections for April 15, 2027, and a presidential vote for May 15, 2027. The court’s order for elections within 90 days would require a significantly earlier vote.
The ruling came amid a separate confrontation between the presidency and the judiciary. On Wednesday, Mohamud announced the dismissal of Chief Justice Baashe Yusuf Ahmed and named his predecessor, Ibrahim Idle Suleiman, as his replacement.
The Supreme Court subsequently declared the dismissal “null and void,” saying the president lacked the constitutional authority to remove the chief justice unilaterally. The court said the removal process required action by the judicial authorities and parliamentary approval.
The latest developments place Somalia’s political institutions under pressure to resolve the dispute through negotiations, as the country continues to face security challenges, including an ongoing insurgency by the al-Shabab militant group.
It remained unclear whether Mohamud’s government would comply with the court’s deadlines or how the electoral commission would respond to the order for elections within 90 days.
