Hargeysa(Mogadishu24)-The Supreme Court of the self-declared republic of  Somaliland has ordered on Monday the immediate release of MP Mohamed Abiib Yusuf after ruling that his arrest and detention were unconstitutional, sparking discussions on the protection of parliamentary immunity and the rule of law. According to sources from Mogadishu 24, MP Mohamed Abiib Yusuf has since been released following the Supreme Court’s ruling.

According to Mogadishu 24sources, the ruling was swiftly implemented, leading to his immediate release. The case underscores the power of the judiciary in upholding constitutional law and reinforces the protected status of elected representatives within Somaliland’s legal framework.

Who is Mohamed Abiib Yusuf?

Mohamed Abiib Yusuf is a sitting member of Somaliland’s House of Representatives (Golaha Wakiillada JSL), representing a constituency that plays a significant role in the country’s politics. As an active parliamentarian, Yusuf is known for being vocal on various legislative issues and advocating for the rights of his constituents. He has gained a reputation for his firm stance on government accountability, transparency, and adherence to the law. Prior to his arrest, he was engaged in discussions and debates on critical national issues, further enhancing his prominence as a politician and lawmaker in Somaliland.

The Arrest that Sparked Controversy

The case stems from the arrest of MP Mohamed Abiib Yusuf, who was detained in early September. The detention raised legal and constitutional questions as members of the House are entitled to immunity, requiring parliamentary approval before any arrest or detention can be executed.

• September 3, 2024 – Legal Submission Challenging the Arrest

On September 3, a legal challenge was filed under the case number XIG/JSL/369/2024, questioning the arrest of MP Mohamed Abiib Yusuf, who was reportedly apprehended without the necessary parliamentary consent. The submission accused the authorities of unlawful detention and emphasized that any such action must align with the Somaliland Constitution, specifically Articles 49 and 79 which detail parliamentary immunity and legal arrest procedures.

• September 17, 2024 – House of Representatives Refuses to Approve Arrest

The House of Representatives, during a session on September 17, under the case number GW/KF-G/26/2024, refused to approve the arrest of MP Yusuf. The House’s refusal highlighted that the arrest was not only without legal merit but also a direct violation of the rights and privileges granted to parliament members under the Somaliland Constitution. This decision solidified the view that the arrest was not aligned with constitutional provisions.

• September 24, 2024 – Application Filed to the Supreme Court

The case reached a pivotal moment when, on September 24, 2024, an application was filed with the Supreme Court under case number GWI/G/10/267/2024, seeking the court’s intervention. The application argued that the arrest and detention were unconstitutional, given that the House had not granted its consent, and requested the immediate release of MP Yusuf.

• September 29, 2024 – Attorney General’s Submission

In response, the Attorney General of Somaliland filed a submission under case number XIG/JSL/432/2024 on September 29, defending the actions taken against MP Yusuf. However, the defense did not address the breach of parliamentary immunity, which remained a central point of contention in the case.

Supreme Court Verdict: Upholding the Constitution

After reviewing the case, the Supreme Court convened on September 30, 2024, to issue its decision. The Court ruled that the detention of MP Mohamed Abiib Yusuf was in direct violation of the Constitution, as the necessary approval from the House of Representatives was not obtained. The judgment underscored that:

• The arrest and detention of the MP were unlawful: The Supreme Court found that the failure to obtain parliamentary consent rendered the detention unconstitutional, violating Articles 49 and 79 of the Constitution.
• Immediate release ordered: The Court ordered the Commander of the Custodial Corps to ensure the release of MP Yuusuf on the same day as the ruling, September 30, 2024.
• Authorities must adhere to the Constitution: The Supreme Court emphasized the importance of respecting legal processes and parliamentary privileges, instructing all state institutions to uphold constitutional guidelines and protections.

A Landmark Win for Parliamentary Immunity

The Supreme Court’s decision marks a significant reaffirmation of parliamentary immunity and the rule of law in Somaliland. It highlights the need for authorities to strictly adhere to constitutional procedures when taking legal action against elected members of the legislature. The ruling sends a clear message that any arrest or detention of a parliamentarian must be carried out with due process, reinforcing the separation of powers and legal protections for members of the House.

A Case Amidst a Critical Political Context

The case of MP Mohamed Abiib Yusuf unfolds at a crucial time as Somaliland, a self-declared republic that seeks international recognition, approaches its upcoming elections. The country has prided itself on being a stable democracy in the Horn of Africa, but the arrest and detention of a prominent parliamentarian raised concerns about freedom of speech, political freedoms, and the independence of state institutions. The Supreme Court’s ruling, and the swift release of MP Yusuf, could bolster confidence in Somaliland’s commitment to constitutional law and the rule of law. However, as the nation prepares for elections, the balance between maintaining order and upholding democratic principles will be in sharp focus.