File Photo/Somali Times
By MP Dr. Abdillahi Hashi Abib
The purported decision of the Acting Speaker of the House of the People establishing a nine-member committee from members of the house of people who belong the most corrupt and dictator former President Hassan Sheikh political party (JSP) to organize the election of the Speaker raises grave constitutional questions that demand immediate judicial scrutiny.
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The Provisional Constitution is the supreme law of the Federal Republic of Somalia. No public official may assume powers that the Constitution does not confer. Any exercise of public authority beyond constitutional limits is subject to challenge as ultra vires and without lawful foundation.
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Since constitutional mandate of the House of the People expired on 14 April 2026, then the Acting Speaker’s authority to continue issuing binding parliamentary directives requires a clear constitutional or other lawful basis. In due to the absence of such authority, the legality of the committee itself is open to serious constitutional challenge.
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The official letter also raises significant constitutional concerns:
•Article 65 requires the Speaker to perform the office with strict neutrality. A committee perceived as politically aligned with one faction invites scrutiny as to whether that constitutional obligation has been respected.
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•Article 68 provides that the House operates under its Rules of Procedure and organizes its committees accordingly. Those Rules cannot enlarge constitutional powers or authorize actions beyond a valid constitutional mandate.
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•Article 66 governs the convening and conduct of House sessions. Any parliamentary process must comply with the Constitution and the applicable Rules of Procedure.
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Public questions have also been made that the committee’s composition lacks political neutrality and that the anticipated candidacy of the current Abdulkadir Mohamed Ali the Minister of Ports is affected by illegally obtaining parliamentary seat HOP# 204. Those illegal issues require resolution through the competent constitutional and judicial institutions before any Speaker election proceeds.
This is not merely a political disagreement. It is a test of whether constitutional supremacy will prevail over contested assertions of power.
We therefore call upon SPINELESS Federal Supreme Court, the constitutional institutions of the Federal Republic, and Somalia’s international partners to insist that any election of the Speaker be conducted in full compliance with the Constitution and the applicable Rules of Procedure.
No officeholder is above the Constitution. No constitutional mandate may be presumed or extended without lawful authority. The legitimacy of Parliament depends on the rule of law – not political expediency.

