The Constitutional Wrangle at the Heart of Somalia’s Federal Rift

[Deeq A.]

President Hassan Sheikh Mohamud, alleged by opponents to have overseen amendments to constitutional articles in 2013, now challenges his critics to cite specific provisions that render the current amendment process unlawful.

Garowe (PP Editorial) — President Hassan Sheikh Mohamud is not only the first President to lead Somalia after the transitional period ended in 2012. In his first term (2012–2017), he facilitated the formation of three Federal Member States and the expansion of an already existing one (Galmudug). Puntland State of Somalia rejected the formation of Galmudug on the grounds that it “violated the Provisional Constitution”. The Constitution stipulates that a Federal Member State can consist of two or more regions.

This interpretation of the Constitution is the source of disagreements over amendments to the Constitution of Somalia. Puntland State, the first autonomous pro-union administration, influenced the drafting of the administration. Puntland consists of two full regions (Nugaal and Bari). The reasoning that Galmudug does not qualify for Federal Member State status was based on the fact that Gaalkacyo is a divided district: Puntland State governs North Gaalkacyo, whereas Galmudug governs South Gaalkacyo. Puntland argued that Galmudug is not made up of two full regions. The second aspect of the Provisional Constitution that caused a schism between Mogadishu and Garoowe was the claim by successive Puntland leaders that, until a referendum on the Constitution is conducted, Puntland reserves the right to act as an independent entity. The interpretation of the Constitution reached an impasse after the end of the transition, when the Federal Government of Somalia began acting as the entity representing sovereign Somalia.

In 2023 Puntland State of Somalia invoked what it termed a “quasi-sovereignty privilege” when it severed ties with the Federal Government of Somalia. Puntland opposed amendments to the Provisional Constitution being finalised in Mogadishu by the bicameral legislature. The articles to be amended pertain to the President’s term of office (now four years, but five years after amendment) and the introduction of one-person, one-vote electoral mechanisms. The Federal Government of Somalia has taken a leaf from the book of Puntland State of Somalia when it comes to legislative capture. In 2022 President Said Abdullahi Deni bypassed traditional leaders to handpick MPs and Senators, most of whom supported ongoing constitutional amendments as far back as 2024. When Senators and MPs representing Puntland visited Garoowe last year, the President chastised them for not opposing the plan to amend the Constitution.

President Said Abdullahi Deni has opposed amendments to the Provisional Constitution, but has not published a formal legal opinion citing specific constitutional provisions to substantiate his objections.

In 2019 President Deni proposed a council modelled on the inter-state cooperation framework founded in Kismaayo in 2019. President Mohamed Abdullahi Farmaajo rejected the proposal. President Deni’s aim was to prevent executive capture of the bicameral legislature. That Puntland sought to alienate other Federal Member States was lost on President Deni. They do not share Puntland State of Somalia’s sovereigntist interpretation of the Provisional Constitution. Puntland did not give much thought to the drafting of the Provisional Constitution back in 2012. President Abdirahman Farole did not foresee that new Federal Member States would be formed to counterbalance the federal preeminence of Puntland.

Only Puntland State of Somalia has not contributed to the constitutional amendment process; Jubaland State, now opposed to the amendments, was on board until the Jubaland President Ahmed Mohamed Islam rejected proposed postponement of the Presidential elections of Jubaland State.

In 2013, Abdirahman Mohamed Farole asserted that the Provisional Constitution had been modified behind closed doors. Despite these claims, no amended versions of the text were ever produced for public scrutiny.

Article 132 of the Provisional Constitution contains the article cited by the Federal Government to defend the constitutional amendment process that began in 2024: “The Federal Parliament adopts a proposed amendment only after approving it on a final vote in the House of the People by at least two-thirds (2/3) of the existing members, and on a final vote in the Upper House of the Federal Parliament by at least two-thirds (2/3) of the existing members.”

Puntland State of Somalia defends the Provisional Constitution, yet it does not refer to its articles when Garoowe alleges violations of the Constitution by the Federal Government of Somalia. In 2013 President Abdirahman Farole told Yusuf Garad that some articles of the Provisional Constitution had been amended without consultation with Puntland. Neither Senator Farole nor the Puntland State Government has shared with the public the amended articles of the Provisional Constitution. “The process of ending of the transitional period was unwise,” said Abdi Farah Said (Juha), the Interior Minister of Puntland State of Somalia. Mogadishu learned the lack of consultation on important matters from Puntland State of Somalia.  

In 2020 Senator Abdirahman Mohamed (Farole) co-authored an open letter with Senator Abdirizaq Osman (Jurille). “Timely elections are not the only issue that is critical; but also the basis of unconstitutional political misrepresentation of the People’s Assembly seats under the 4.5 clan formula that must be removed and scrapped permanently,” wrote the two Senators. Why is Puntland State of Somalia insisting on a return to indirect elections in 2026 based on the 4.5 system? Answers on a postcard, please.

© Puntland Post, 2026