File Photo/Somali Times
The Supreme Court of the country has issued a ruling on a constitutional case between former President Sheikh Sharif Ahmed and government institutions.
Read: Eritrea reveals UAE’s alarming plans for Somalia
Read: Somalia’s economic fraud exposed-rising poverty and falling growth a fantasy budget
The Supreme Court of Somalia has determined that the constitutional term limits for the Federal Parliament, the President, and the Federal Government concluded in 2026. Furthermore, the Court declared that all actions taken by these institutions following the expiration of their respective terms are neither legal nor in accordance with the Constitution.
Read: The end: US loses all faith in Somalia’s corrupt tyrant former President Hassan Sheikh
Read: Somalia corrupt president Hassan Sheikh kills demonstrators
Read: Turkey approves $30 million in aid to support Hassan Sheikh and his family
This ruling—issued on November 5, 2026, by the Constitutional Chamber of the Supreme Court, which comprises five judges—stemmed from a case filed by former Somali President Sheikh Sharif Sheikh Ahmed against the Federal Government. The case specifically challenged the procedures used to amend the 2012 Provisional Constitution and the legal consequences resulting from those amendments. The Court stated that the case consisted of two parts: one concerning whether the procedure followed for the constitutional amendment complied with Articles 132, 133, and 136 of the 2012 Constitution, and another regarding the legality of the measures resulting from that amendment—specifically, the extension of the terms of office for federal institutions.
What did the Court say regarding the constitutional amendment?
Read: Israel establishes intelligence base in Somaliland northern Somalia
Read: Somalia is the number 1 country for corruption
Read: Why is Somalia an unfortunate country
Read: Puntland says lifting of arms embargo on Somalia a major threat
The Court rejected the first part of the case, which concerned the constitutionality of the amendment to the 2012 Provisional Constitution. It reasoned that Sheikh Sharif Sheikh Ahmed lacked the legal standing (*locus standi*) to initiate such a case, citing Article 86 of the Provisional Constitution.
Read: Somalia dodgy president Hassan Sheikh to submit new constitutional amendments to parliament
Read: Somalia President Hassan Sheikh and his family are corrupt
Read: Somalia president Hassan Sheikh richest man in Africa for corruption
Read: Somalia’s president Hassan Sheikh history of corruption 2012-2017
However, the Court accepted the second part of the case, which dealt with the legality of the consequences and measures stemming from the constitutional amendment—specifically, the extension of the terms of office for elected federal institutions.
The ruling also elaborates on the Court’s perspective regarding the interpretation of a constitutional amendment that alters the term limits of government institutions. It stated that when a new term length is introduced into the constitution, it must be explicitly clarified whether this new duration applies to incumbent officeholders or not.
Read: Somalia corrupt president Hassan Sheikh failed in both domestic and international politics
Read: Somalia President Hassan Sheikh and his family become the richest in Africa
Read: Egypt pressures Somalia President Hassan Sheikh to cut ties with Ethiopia
Read: Somalia’s corruption is widespread throughout the regime
Read: Somalia Hassan Sheikh’s government is facing a widespread financial crisis and the causes
Read: Somalia President meets Ugandan dictator Yoweri Museveni for advice
The Court indicated that if a new amendment remains silent on this matter, the new term length cannot be automatically applied to those currently in office; instead, their tenure remains governed by the term length in effect at the time of their election.
Read: Somalia officials abuse diplomatic passports for immigration fraud and human trafficking
Read: Exclusive: No money in the Treasury account of Somalia
Read: Djibouti people love to see without dictator Ismaïl Omar Guelleh 2025
Based on this, the Court determined that the constitutional term for federal institutions was four years—as stipulated in the 2012 Provisional Constitution—and that the 2026 amendment did not explicitly state that the new term length applied to the incumbents then in office.
The Court ruled that the term of the two houses of the Federal Parliament ended on April 14, 2026, while the term of the President of the Republic ended on May 15, 2026.
Furthermore, it stated that the term of the Federal Government—which derives its mandate from the two houses of Parliament—also ended on April 14, 2026, given that Parliament holds the authority to grant a vote of confidence to the Government and to exercise oversight over it. The ruling further stated that these institutions lack the authority to take actions based on their constitutional and legal powers following the expiration of their respective terms of office.
The Court also determined that any actions taken by these institutions after those dates are inconsistent with the Constitution and the law, and are therefore null and void.
Another significant point in the ruling is the Court’s declaration that the Federal Government is the only entity with the authority to serve in a caretaker capacity; however, this authority is strictly limited to the execution of routine, day-to-day administrative functions.
It clarified that the Government cannot undertake actions that extend beyond these daily operational duties.
The Supreme Court has directed all parties involved in the electoral process to reach an agreement—within 30 days—on a consensual and implementable electoral framework.
It further mandated that the elections be held within a period of 90 days.
This ruling was issued in Mogadishu on November 5, 2026, and was signed by five judges, led by Justice Salah Sheikh Ibrahim Dhiblawe.