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IMPEACHING FARMAAJO: What are the accusations?

By T. Roble

SUMMARY:

  • Agreements with Horn of African countries (Eritrea and Ethiopia) without consultations with Parliament or Cabinet
  • By-passing Parliament and Cabinet in the appointment of Judges and Army Commanders
  • Extradition of former ONLF leader Abdikarim Muse to Ethiopia
  • Interference with federal member states and elections in Puntland and South West states

Barely eight months after his Prime Minister survived in a failed no-confidence bid, President Mohamed Farmaajo is facing an imminent exit from power as a section of MPs Sunday filed an impeachment motion against him.

In a four point argument, the proponents of the motion lay blame on President Farmaajo for grossly violating the Constitution, a ground for impeachment in accordance with article 92 of the Provisional Constitution.

FARMAAJO-ABIY CAMARADERIE

Notable among the concerns of the MPs is Farmaajo’s dalliance with Ethiopian Prime Minister Abiy Ahmed which culminated in alleged signing of contracts, political and security agreements.

In particular, the MPs are questioning the announcement in June during Abiy’s visit to Mogadishu which noted the two leaders had agreed to Ethiopia developing four Somali ports.

“In an effort to attract and retain foreign investment to the two countries and the Horn of Africa Region, the leaders agreed on the joint investment in four key seaports between the two countries, and the construction of the main road networks and arteries that would link Somalia to mainland Ethiopia,” a communique from the meeting read in part. “The leaders agreed to constitute a designated joint technical team that would immediately embark on the key task of outlining this substantial undertaking”

Still on the Horn of Africa (HoA) détente, the proponents of the motion take issue with security, political and social agreements between President Farmaajo, Ethiopia’s Ahmed and Eritrean president Isaias Afwerki.

The off the cuff remark by Ethiopian PM November 10 in the country’s northern region of Gondar alluding to a political federation has also irked MPs who accuse the President of ‘seeming happy’ about the idea.

In all the three instances, the MPs are pointing fingers President Farmaajo of failing to consult with Parliament or Cabinet regarding agreements and not defending the territorial integrity of the country in regards to the political federation question.

QALBI-DHAQAH QUESTION

The second cause for impeachment according to the proponents of the motion is what they termed as ‘unilateral decisions’ in the appointment of high court judges and military commanders without the input of the cabinet.

The extradition of former Ogaden National Liberation Front (ONLF) leader Abdikarim Muse aka Qalbi Dhaqah is coming back to haunt the president. The motion states the President handed over a Somali citizen to a foreign country in gross violation of the law and in the absence of any international law binding Somalia to such extradition.

Muse was later released by from Ethiopia jail in September. The cabinet which had not only endorsed the extradition but also declared Muse a terrorist later beat a hasty retreat and said through Foreign Minister Ahmed Awad it was in agreement with Parliament which opposed Muse’s extradition.

Finally, the long running dispute between Mogadishu and the Federal Member States has now spiraled into a reason for President Farmaajo to lose his seat. The MPs cite interference on FMS governments including their elections, in particular, Puntland, Galmudug and South West states.

According to article 92 (2) of the Provisional Constitution, the motion is supposed to be submitted to the Constitutional Court which shall then determine the validity of the reasons for impeachment. Subsequently, a motion can be put to a vote which requires a two-third majority of a joint sitting of the Federal Parliament which is an equivalent of 222 lawmakers.

The absence of a Constitutional Court present legal bottlenecks to such bids and opponents of the motion are already exploring such loopholes.