Presidential adviser on Law Mr. Omar Mohamed Abdulle has told Goobjoog that the previous commission was not based on the constitutional requirement and also had mishandled sensitive matters of the justice.
The new constitution requires that the 9 member commission should comprise of the high court chairman, the chairman of constitutional court, the chairman of national human rights commission, the attorney general, 2 members from the law bar, and three members from the public.
When asked about how the government can form the commission without first establishing the constitutional court and human rights commission, the adviser said that they would form the commission on the basis of existing members since they have the quorum to meet and make decisions.
He also pointed out the fact that the constitutional court should be proposed by the commission before it could take into shape, so that the judicial service commission should be established without the court.
When asked about the power vacuum left by the disbanded commission, Mr. Omar said that the president was obligated by the constitution to defend the country at all costs, he pointed out that the commission was engaged in illegal activities “they had also appointed illegal judges without following the required set of rules, without the appointment of the president, and you can guess what harm it will cause when illegal judge hands down judgments, people were sentenced with lengthy prison terms and we had to review those cases” said the adviser.