By: Yusuf M Hasan
HARGEISA (Somalilandsun) – Delayed Justice is justice denied while a non-independent and toothless judiciary is a major pre-emption to national security and development.
This was termed by four members of the consortium of parties in a press statement that further castigates the high court for being an impotent body that is remote controlled for political exigencies thus current democratic stagnation in the country.
The Consortium statement, signed by four of its five members namely UDHIS, Horyaal, NDB and Jamhuuriga claims that the high court is defeating justice by delaying judgment of the consortium’s case against the Political Parties Registration and Verification Committee-PPR&VC.
In the case in question, the consortium of parties accuse the PPR&VC of having acted unconstitutionally when it disqualified 9 groups out of 15 following a nationwide verification exercise. The groups claim that they have documents and audiovisual proving that they compiled with all verification requirements as established in article 14.
The consortium of parties which is chaired by MS Fozia Haji Aden of NDB brings together five of the nine political groups which claim the PPR&VC disqualified them as viable local council elections contestants arguing that their groups were defeated before even elections were held. The consortium is composed of NDB, GURMAD, UDHIS, HORYAAL and JAMHURIYA political groups.
The consortium statement read:
As members of the consortium of parties, we the political groups of UDHIS, Horyaal, NDB and Jamhuuriga inform Somalilanders that our pursuit in the country’s High Court for a just conclusion to differences with the PPR&VC seems to be untenable, since justice delayed is justice denied.
A long time has passed since our case against the unconstitutional decision by PPR&VC that took over two months for hearing by a bench of five judges and subsequent promises by the chief justice for immediate, fair and impartial judgment, whose delivery is still pending.
We believe, rightfully, that the present legal predicament faced by the consortium of parties is as a direct result of pressures exacted upon the high court by the National Election Commission.
This can be perceived by the decision by the NEC to fix election dates and recent setting of deadlines pertaining to dates for submission of candidates lists as well as declaring dates of official campaign, all these in disregard to a pending high court judgment that has direct impact on the election.
The refusal by the chief justice to accept the consortium’s letter of complaint against delayed thus denied justice by the high court is further proof that the judiciary’s decision are remote controlled by external forces whose mission is to fulfill personal political agendas.
In this regard and as per our desire to pursue our rights in a legal manner, the consortium shall submit an affidavit to the high court requesting the esteemed court to refrain NEC from further activities related to local council elections until the consortium’s case against the PPR&VC is fully determined by both the high and constitutional courts.
While acting independent of the consortium the UDHIS political group has requested the high court to put a stop on hold all National Election Commission-NEC activities pertaining to local council elections slated for 28 November 2012.
This is per an affidavit submitted to the high that also doubles as the constitutional court by the UDHIS legal counsel Mr. Mustafa Mahdi Sh Hasan.
The letter dated 21/08/02 asks the honourable courts to suspend all NEC activities that pertain to preparations for the local council elections slated for 28 November 2012.