Somalia – The exclusion of Fahad Yassin from the Somali parliament

Somalia’s Supreme Court on Wednesday rejected a lawsuit filed by Fahad Yassin against the Federal Election Commission over his exclusion from parliament.

According to an official decision published by the judges of the Court, the latter accepted the objection of the Public Prosecutor’s Office on behalf of the General Elections Commission on the grounds that the Supreme Court had no jurisdiction to hear complaints concerning the ongoing parliamentary and presidential indirect elections in the country.

The ruling was signed by three judges, Bashi Youssef Ahmed, Abdel Aziz Mohammed Youssef, and Salah Sheik Ibrahim Tablawi, who considered the case in a public session on Tuesday.

The Court based its decision on the fact that the current elections are not direct elections based on the Interim Constitution and other laws of the country, but rather on political understandings between the leaders of the federal government and the regional states. The National Advisory Council, which brings together the Prime Minister and the heads of state, is the highest authority in the current elections and no one else, no matter what, has the right to interfere in it.

Earlier this month, Somalia’s Federal Election Commission excluded Fahad Yassin from parliament, in order to suspend his seat before his election in February due to complaints from the clan holding the seat and voting irregularities.

Fahd Yassin Haji Taher, the current national security advisor to the outgoing President Mohamed Abdullahi Mohamed Farmaajo and former director of the intelligence service, was elected on February 20th in Beldouini. However, his election was rejected by the Federal Election Commission, which considered that the electoral process did not go according to the organization’s regulations, prompting Fahad Yassin to resort to the Supreme Court, which gave him a strong blow today in its decision.

The electoral commission insists on fair re-election of the seat, fair competition, and rectification of agreed-upon procedures violated by Fahad Yassin.

Informed sources said that the electoral commission plans to re-vote early next May in the capital Mogadishu.