Somalia Supreme Court Rules Extension of President Mohamud's Term Unlawful

Somalia's Supreme Court has ruled that President Hassan Sheikh Mohamud's one-year extension in office is unlawful, escalating a constitutional crisis that has deepened political divisions and raised concerns about the country's democratic stability.

In a landmark ruling delivered on Thursday, November 5, 2026, the Supreme Court determined that constitutional amendments approved by Parliament in March could not be applied retrospectively to extend the mandates of the president and the sitting federal parliament.

The decision means Mohamud's four-year presidential mandate expired on May 15, 2026, while the terms of both houses of the Federal Parliament ended on April 14, 2026.

The court ruled that the constitutional amendments introducing longer terms did not explicitly provide for their application to institutions already in office.

Court Orders Elections Within 90 Days

In addition to declaring the extension unlawful, the Supreme Court directed political stakeholders to reach an agreement on a workable electoral framework within 30 days.

The court further ordered that elections be conducted within 90 days, placing pressure on Somalia's political leadership to resolve the ongoing electoral dispute.

The judges maintained that constitutional amendments changing the duration of elected offices cannot automatically extend the mandates of existing officeholders unless the changes explicitly provide for such an application.

The ruling also declared actions taken by the affected federal institutions after the expiry of their constitutional mandates unlawful and invalid.

However, the court indicated that a caretaker administration could continue handling routine government affairs while the country prepares for elections. Such an administration would not be permitted to undertake major decisions beyond ordinary administrative responsibilities.

Political Crisis Deepens Following Chief Justice's Dismissal

The judgment comes a day after President Mohamud announced the dismissal of Supreme Court Chief Justice Bashe Yusuf Ahmed and appointed a replacement.

The presidential decision raised concerns about judicial independence, particularly because it came shortly before the court was expected to determine the legality of the constitutional amendments.

However, the Supreme Court separately rejected the dismissal, declaring it null and void.

The court argued that the president had failed to follow the constitutional procedures required to remove the Chief Justice and accused the presidency of attempting to interfere with ongoing judicial proceedings.

There were also unconfirmed reports that the dismissed Chief Justice had been arrested.

The confrontation has exposed growing tensions between Somalia's executive and judicial branches, raising further questions about the separation of powers and respect for constitutional institutions.

Former President Sharif Sheikh Ahmed Filed the Petition

The case followed a petition filed by former Somali President Sharif Sheikh Ahmed on October 11, 2026, challenging the constitutional amendments and the legal consequences of extending the mandates of federal institutions.

Sharif argued that the changes raised fundamental questions about constitutional governance, presidential authority and the legitimacy of the country's electoral arrangements.

The court rejected the first part of his petition challenging the constitutional amendment process, ruling that he lacked the legal standing to bring that particular challenge.

However, it accepted his arguments concerning the legal application of the amendments to institutions already in office.

The judges concluded that the new presidential and parliamentary terms could not be applied retrospectively without explicit constitutional provisions.

Opposition Had Warned Against Presidential Term Extension

The decision follows months of political disagreements between President Mohamud's administration and opposition groups over proposed constitutional and electoral reforms.

Parliament approved amendments in March 2026 that extended the presidential term from four to five years, a move the government defended as necessary to facilitate the transition towards nationwide democratic elections.

However, opposition leaders and several regional political figures boycotted the parliamentary vote, describing the changes as an attempt to prolong the president's stay in power.

The dispute triggered violent clashes in Mogadishu in June, highlighting the country's fragile political environment.

Mohamud has defended the reforms as part of efforts to move Somalia away from its traditional clan-based electoral arrangements towards a broader democratic system based on universal suffrage.

His critics, however, argue that the reforms were pursued without sufficient political consensus.

Somalia Faces Uncertainty Ahead of 2027 Elections

The Supreme Court's ruling presents a major challenge for Somalia as the country continues to battle security threats, political instability and the long-running insurgency by Al-Shabaab.

The country is also facing uncertainty over its electoral arrangements, with political stakeholders yet to reach a lasting agreement on how the next elections should be conducted.

The court's 30-day deadline for an electoral framework and 90-day deadline for elections place additional pressure on the government and opposition to find common ground.

International partners are also closely watching developments, given Somalia's strategic importance in regional security and the ongoing fight against militant groups.