Constitutional Complaint against the Chairman of the House of Representatives

 

Republic of Somaliland

 

Constitutional Complaint against the Chairman of the House of Representatives

                                                                              

Introduction:

 

The Chairman of the House of Representatives has been accused of violating several articles of the Somaliland Constitution, leading to a Constitutional Complaint filed against him by the Speaker of the House. The accused individual, who has been absent from the Assembly since January 18, 2023, expressed support for decisions made by the Committee of Elders, claiming that certain regions in Somaliland belong to the Federal Government of Somalia. He further accused the Committee and Elders of forcing these decisions and made allegations of crimes committed by the armed forces without providing any proof. Additionally, he stated that national forces should withdraw from the Sool region and emphasized that he represents the people of Lasanood and will work according to their desires, whether it be for peace or war.

 

The Constitutional Complaint alleges that the accused individual violated various articles of the Somaliland Constitution. Firstly, he is accused of violating Article 50 by failing to fulfill his elected duties, being absent from the Assembly for 20 consecutive sessions, and disregarding the terms of his election. Furthermore, he is accused of breaching Article 38, which outlines the objectives and duties of the Somaliland Parliament, by neglecting to ensure the safety and security of Somaliland and the independence of its land, sea, and air. Finally, he is accused of violating Article 123, which pertains to the principle of the Somaliland National Army, by falsely attributing the war to the National Army and supporting terrorist groups and anti-peace militants.

 

Based on these violations and the persistence of the accused individual in disregarding the Constitution and the unity of Somaliland, the conditions outlined in Article 50 for the loss of membership in the House of Representatives have been met.

 

The request made to the Constitutional Court includes the acceptance of the application for the Constitutional Case, citing specific articles of the Judicial System Act. Additionally, the revocation of the accused individual's membership in the House of Representatives is sought, and the declaration of the seat as vacant is requested, along with arrangements for its replacement. Supporting evidence, such as audio and video interviews given by the defendant, a press conference conducted by the defendant, and certificates and documents from Government Authorities, has been submitted.

Fact of the Scenario:

 

A Constitutional Complaint has been filed against the Chairman of the House of Representatives, alleging multiple violations of the Somaliland Constitution. The complaint was initiated by the Speaker of the House, who accuses the Chairman of misconduct and a failure to uphold constitutional provisions. The allegations raise concerns about the Chairman's actions and their impact on the integrity of the legislative body and the adherence to constitutional principles and responsibilities.

 

The Constitutional Complaint highlights the serious nature of the accusations and the need for a thorough examination of the Chairman's conduct. By initiating this complaint, the Speaker of the House seeks to address the alleged violations and ensure that the Chairman is held accountable for any disregard for constitutional provisions. The outcome of this complaint will have significant implications for the Chairman's membership in the House of Representatives and the overall functioning and reputation of the legislative body.

 

It is crucial that the Constitutional Court carefully evaluates the evidence and assesses the alleged violations against the relevant articles of the Somaliland Constitution. The objective is to determine whether the Chairman's actions indeed constitute misconduct and a breach of constitutional obligations. The Constitutional Complaint serves as an important mechanism for upholding the principles of justice, equality, and accountability within the legislative framework of Somaliland.

 

The accused Chairman has been absent from the Assembly since January 18, 2023. During his absence, he expressed support for decisions made by the Committee of Elders, claiming that certain regions in Somaliland belong to the Federal Government of Somalia. He also accused the Committee and Elders of forcing these decisions and made allegations of crimes committed by the armed forces without providing any evidence. Additionally, he advocated for the withdrawal of national forces from the Sool region, emphasizing that he represents the people of Lasanood and will act according to their desires, even if it means pursuing war.

 

Analysis of the facts and laws (Rule of Law):

Legal Issues Involved:

The Constitutional Complaint raises concerns regarding the accused Chairman's violation of various articles of the Somaliland Constitution. These include Article 50, which pertains to the loss of membership in the House of Representatives due to the failure to fulfill elected duties and absence from consecutive sessions. The complaint also alleges violations of Article 38, which outlines the responsibilities of the Somaliland Parliament in ensuring safety, security, and independence, as well as Article 123, which relates to the principle of the Somaliland National Army.

 

Laws Applicable:

In this case, the accused Chairman is alleged to have violated several provisions of the Somaliland Constitution.

 

First, Article 38 outlines the general provisions of the House of Representatives. It establishes the responsibilities of the parliament, including ensuring the safety, security, and independence of Somaliland. The complaint alleges that the accused Chairman's support for decisions claiming certain regions in Somaliland belong to the Federal Government of Somalia undermines the sovereignty and territorial integrity of Somaliland. This raises concerns about his adherence to the duties outlined in Article 38 and the potential impact of his statements on the safety and security of Somaliland.

 

Second, Article 50 addresses the loss of membership of the House of Representatives. It states that if a member fails to fulfill their elected duties or is absent from consecutive sessions without a valid reason, their membership may be revoked. The complaint alleges that the accused Chairman has been absent from the Assembly for 20 consecutive sessions without a valid excuse since January 18, 2023. This raises concerns about his compliance with the requirements outlined in Article 50 and the potential consequences of his absence on the functioning of the legislative body.

 

Third, Article 123: This article pertains to the principles of the Somaliland National Army. The complaint alleges that the accused Chairman has made allegations of crimes committed by the armed forces without providing any evidence. This raises concerns about his adherence to the principles outlined in Article 123 and the potential impact of his statements on the reputation and functioning of the National Army.

 

Fourth Article 129 pertains to the Constitutional Oath. It requires elected officials to take an oath before assuming their duties, pledging to uphold and protect the Somaliland Constitution. If the accused Chairman is found to have violated the Constitution, it raises questions about his fulfillment of the oath and his commitment to upholding the rule of law.

 

Conclusion:

 

In conclusion, the alleged violations by the accused Chairman raise concerns about his compliance with the Somaliland Constitution and the rule of law. The applicable laws, including Article 38, Article 50, Article 123 and Article 129 provide the legal framework for assessing these alleged violations.

 

The Constitutional Court, as the highest court in Somaliland, will play a crucial role in reviewing the evidence and arguments presented in the Constitutional Complaint. The decision will be essential in upholding the rule of law, ensuring the proper functioning of the legislative body, and holding individuals accountable for their actions.

 

The Court finds that the accused Chairman has indeed violated the relevant constitutional provisions, appropriate legal consequences are the loss of his membership in the House of Representatives.

 

Overall, the application of the relevant laws and the adherence to the rule of law are vital in this case to ensure the proper functioning of the government, protect the rights of individuals, and maintain the integrity of the legal system in Somaliland.

 

 

Prepared by: Lawyer Yusuf Habib Hussein