Jubbaland leader Ahmed Mohamed Islam Madobe may have won a third term in office, bulldozing his candidature against the will of the federal government of Somalia.
But the authorities are now resorting to the courts to tame what they think is his overreach. On Wednesday, Somali prosecutors formally charged Madobe with treason, making him the first-ever elected leader to be treated with this suspicion.
The Lower Court of Banadir Region (Mogadishu jurisdiction) promptly issued an arrest warrant against Madobe on Wednesday, in what appears to be the first ever legal action against an elected leader at any level in Somalia.
The decision dominated discussions in Somalia’s public and social media, especially in Mogadishu. He is the first head of a federal state in Somalia to be accused of treason.
Daring rebuttal
In a daring response to the legal action from the capital, the Jubbaland’s First Instance Court replied late on Wednesday with a similar warrant, charging Somali President Hassan Sheikh Mohamud with constitutional violations and inciting rebellion.
Details of the warrant issued by the Banadir court outlined allegations of acts of treason by Madobe, coupled with collusion with (unspecified) foreign governments and other acts deemed to be threatening Somalia’s unity.
Citing Articles 184, 186 and 217 of the Somali Penal Code, the Mogadishu court accused the Jubbaland leader of leaking classified information and undermining national security.
In an emergency cabinet meeting on Tuesday night, the council of ministers presided over by Prime Minister Hamza Abdi Barre convened to address the controversial presidential election held in Kismayu where Jubbaland parliament re-elected Madobe for the third time as president of the state on November 25.
The Federal Government of Somalia (FGS) had earlier warned Madobe against holding an election not approved by the federal institutions, subsequently the ministers declared the election ‘null and void’, while at the same time instructing the Attorney General to take speedy legal action against the re-elected Jubbaland leader via the supreme court.
Military tensions
The charges by the prosecutor carried allegations of infringement of explicit articles contained in Somalia’s provisional constitution.
In retaliation, Jubbaland’s First Instance Court charged President Mohamud with treason, inciting rebellion and destabilising the Somali state.
In addition, the court accused the President of inciting conflict and undermining national unity, in a broad reference to the federal government's military and legal pressure on Jubbaland's authority.
Indeed, the escalating dispute has further spilled over into military tensions as federal troops, including the elite Haram’ad and Gorgor units, were deployed on Monday to Ras Kamboni, a strategic coastal town on the border with Kenya.
The move angered the Jubbaland administration, which mobilised its local forces to counter the contingents flown in from Mogadishu.
In a press statement issued by Jubbaland on November 25, the state labelled the deployment of forces to Ras Kamboni as a provocation and acts of threat.
Signed by the Jubbaland Ministry of Internal Security, the statement warned of possible clashes between the federal forces and the state’s own armies, and dismissed the Somali government’s claim that the troops were replacing outgoing African Union peacekeepers.
The ministry insisted that Jubbaland forces were in control of all the bases handed over by the peacekeepers as part of the planned drawdown of Atmis, the African Union Transition Mission in Somalia.
“The government states that the vacated military bases in Buur Gaabo, Kudha, Abdalla Biroole, Eel-Wak and parts of Kismayu are manned by Jubbaland forces,” the statement said, a soft hint that there was no need for huge deployment of forces by the FGS.
It went on to say: “The illegally deployed armed forces in Ras Kamboni by FGS and the Jubbaland security forces are facing each other. We, therefore, warn the Somali people and the international community of unpleasant consequences caused by the FGS.”
‘Former leader’
To indicate that the election of Madobe on November 25 was illegal, the council of ministers of the FGS labelled him as a ‘former leader.’
Ever since the FGS embraced the plan to hold elections in Somalia on the basis of universal suffrage (one-person, one-vote), any entity that oppose it is labelled as a maverick or unruly.
The FGS appears to have the understanding and cooperation of a number of authorities in the country, namely Galmudug, Hirshabelle and South West States as well as the Banadir region.
Map showing Somalia states.
Photo credit: Nation Media Group
Federal council
But, the absence of Puntland and now Jubbaland from the National Consultative Council (NCC) means that the coalition of Somalia’s leadership lacks adequate consensus.
The federal governance system adopted by Somalia mandates that sensitive national issues are discussed and decided by the members of NCC, which generally comprising the FGS -- represented by the President, prime minister, deputy PM -- and the leaders of the member states.
Based on this principle, International Partners supporting Somalia’s state building urged all stakeholders to engage in constructive and inclusive discussions on the electoral process.
“Jubbaland State is urged to return to the NCC for an open discussion of all outstanding issues, and to restore ties with the FGS,” the IP statement on 20 November stated.
“We encourage all parties to refrain from provocations and re-engage in an open dialogue, before any electoral processes are finalised.”
Abdurahman Tamam, a keen political observer in Puntland and Jubbaland, told The EastAfrican that only dialogue can resolve the stalemate.
“Further show of force or even resorting to opposing legal actions can only worsen the situation of an already beleaguered nation.”
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