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Unimpeachable President?

Constiution undermines removal

Last week the over 100 Members of the Somali Parliament submitted a petition requesting President Hassan Sheikh Mohamud to resign. The MPs were also able to secure the votes necessary to table a motion to initiate procedures to impeach Hassan. Of course most doubt Hassan will resign and the ability to prosecute a successful impeachment seems administratively impossible.

Article 92 of the constitution requires the Constitutional Court to determine if the impeachment case has legal grounds; however a Constitutional Court does not exist.

Impeaching Somali PresidentAccording to Article 90. it is the responsibility of the president to appoint the chairman of the Constitutional Court. Which according to the constitution, the court was supposed to be established 60 days after the formation of the Federal Government of Somalia. The president probably is not in a hurry to appoint a court that will be used against him. Despite all of the  the legal hurdles, the President’s Damul Jadid party probably has fiscal capacity to ensure the president remains in office.

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