Somalia's Supreme Court has ruled that the terms of the country's president, parliament, and government have expired, declaring any actions taken by these institutions after their mandates ended as unconstitutional and legally invalid. The ruling was issued on November 5, 2026, by the court's five-member Constitutional Division. This decision follows a petition filed by former Somali President Sharif Sheikh Ahmed, who challenged the constitutional amendment process and the consequences of changes made to the country's 2012 Provisional Constitution.
The court's ruling addressed two main issues: the constitutionality of the amendment process and the legality of actions resulting from the amendments. The court rejected the first part of Sharif's petition, which challenged the constitutionality of the amendment process, citing that the former president lacked the legal standing to bring the case. However, it accepted the second part, which questioned the legality of measures arising from the constitutional changes.
According to the court, constitutional amendments introducing new terms of office must explicitly state whether the changes apply to institutions already in office or only to those elected afterward. In this case, the 2026 amendments did not clearly address the issue, and therefore, the new term cannot automatically be applied to sitting institutions. As a result, the court ruled that the constitutional terms of federal institutions remained four years under the 2012 Provisional Constitution.
The court determined that the mandates of both houses of the Federal Parliament expired on April 14, 2026, while President Hassan Sheikh Mohamud's term ended on May 15, 2026. Additionally, the federal government's mandate expired on April 14, 2026, as its authority derives from parliament. The court stated that the institutions had no authority to exercise their constitutional and legal powers after their respective mandates expired.
The Supreme Court also addressed the authority of the federal government to remain in office after the expiration of its mandate. The court said the Federal Government is the only institution constitutionally authorized to oversee a caretaker administration, but its powers are limited to conducting routine government affairs. The caretaker government cannot take decisions or undertake measures beyond the scope of day-to-day administrative responsibilities.
The court ordered all parties concerned with the electoral process to reach a consensus on a workable election framework within 30 days. It also directed that elections be held within 90 days. The ruling was signed by five judges led by Justice Salah Sheikh Ibrahim Dhiblawe. The court's decision aims to ensure a smooth transition of power and restore the country's democratic processes.
The Supreme Court's ruling has significant implications for Somalia's political landscape. The country has been facing a constitutional crisis, and the court's decision provides a clear direction for the electoral process. The government and other stakeholders are expected to work together to implement the court's orders and ensure that elections are held within the stipulated timeframe.
Key points
- The Supreme Court ruled that the terms of Somalia's president, parliament, and government have expired.
- The court ordered elections to be held within 90 days.
- The caretaker government's powers are limited to conducting routine government affairs.
