Does President Farmaajo’s pick for CJ meet the threshold for office?
His longest continued service is from 2014 to 2017 as a lecturer at Hargeisa University
President Mohamed Farmaajo’s pick for the post of Chief Justice Bashe Yusuf Ahmed will not only be one of the youngest CJs in the region but also with very little experience required of such office holders in most jurisdictions.
According to bio available on his LinkeIn account, Ahmed graduated from Hargeisa University in 2008 and served as a consultant with various organisations among them UNDP, MerCorps and Somaliland parliament for a maximum of two year contracts. He was born in 1982.
His longest continued service is from 2014 to 2017 as a lecturer at Hargeisa University. Prior to his appointment by President Farmaajo, Ahmed was the chief executive officer of the opposition Waddani party in Somaliland. He earned a master’s degree in Commercial and Maritime Degree from Hertfordshire University in the UK in 2014.
In most jurisdictions, a judge of a superior court and for this case the Chief Justice will always have accumulated a considerable number of years either as a judicial officer, distinguished academic or legal practitioner. From this understanding, it appears President Farmaajo’s pick does not come close to any of the qualifications expected of the head of the Judiciary who shall be looked upon not only to develop the institutions of the judiciary but also actively nurture and build jurisprudence. The Chief Justice will also be expected to render rulings grounded in solid understanding and experience in legal practice.
A look at neighbouring countries in the region could shed light on tough competencies for the office of the Chief Justice. In Uganda, the chief justice is appointed from persons who have served as a Justice of the Supreme Court of Uganda or of a court having similar jurisdiction or has practiced as an advocate for a period not less than 20 years before court having unlimited jurisdiction in civil; criminal matters.
To be a Judge of the High Court on the other hand, one must have been Judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court or has practiced as an advocate for a period not less than 10 years before a court having unlimited jurisdiction in civil and criminal matters.
To become a Chief Justice in Kenya, one needs at least 15 years’ experience as a superior court judge; or at least 15 years’ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant legal field.
A high court candidate on the hand other must have at least 10 years’ experience as a superior court judge or professionally qualified magistrate; or at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field.