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Colonel Abdullahi Yusuf’s First
Defeat in the Court of Law
(SHHRF 0021/2004,
19 April 2004)
Hampering justice has always been the hallmark of
Colonel Abdullahi Yusuf Ahmed, the man who calls himself the
President of Puntland State of Somalia. Cheating oneself is bad, but
attempting to con the established English law is a folly.
On the 3rd March, Colonel Abdullahi Yusuf Ahmed
has encountered his first major defeat at the High Court of the
United Kingdom when the court dismissed Abdullahi’s defence proposal
to move the venue of the case brought against him. The case has been
brought by the widow and children of the late Somali traditional
leader, Suldan Ahmed Mohamud Mohamed (known also as Suldan Hurre) on
the 30th of September 2002.
The respected Sultan was killed on the 17th of
August 2002 at Kala-bayrka, in Puntland state of Somalia, by the
personal bodyguards of Colonel Abdullahi Yusuf.
The defendant claimed the existence of a legal
framework, courts and elders’ dispute settlement mechanism in
Puntland. In short, that Puntland should be the proper venue of the
case brought against him. Paradoxically, his argument has been
trounced by himself when he was asked to provide the procedure upon
which the plaintiffs could “initiate proceedings against the
defendant in connection with the death” of the deceased sultan, and
if it does, what is the court that would entertain proceedings
against Colonel Yusuf in Puntland. The defendant replied that the
details “will be provided in due course”. Neither the court nor the
plaintiff ever received a reply.
In another question the defendant was asked if he
was “willing to submit to the jurisdiction of the courts of
Puntland” and “comply with any consequent judgment of the courts of
Puntland” if the claim is filed in Puntland. This is what he
answered, “the defendant will comply with any lawful order of the
courts of Puntland state of Somalia that does not infringe” is
constitutional position as ‘president’?
Colonel Abdullahi Yusuf’s evasive and equivocal
answers demonstrate the extent of his behaviour as a man who does
not respect any law other than his own.
Colonel Abdullahi Yusuf is responsible for taking
Puntland to the brink of total anarchy and a bred a wave of tribal
feuds in order to curb the nascent grassroots-based democratic
institutions which flourished in Puntland State of Somalia following
the collapse of the Somali state in the early 1991.
The natives of Puntland are worried by what the
future portends for their regions, a hitherto peaceful large swathe
in Somalia. Already the signs are symptoms of Somalia of late 1990s
are evident. Indeed, a good parallel can be drawn between today’s
Puntland and Somalia of late 1980s. Some of the similarities are:
 | Instability: the instability created following
the constitutional crisis triggered by Colonel Abdullahi Yusuf
following his unconstitutional extension of the presidency; |
 | Feud: the state sponsored clan-based feuds;
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 | Personal Arms: the clan rivalry and feud have
been created a strong demand for personal arms; |
 | The breakdown of the institution: the failure
and collapse of the rudimental institutions Puntland
administration which could not survive beyond the mandated first
three-year period; |
 | Failure of source of leadership: the
manipulation and the suppressing of the source of leadership led
to the failure of the traditional leadership which has been the
fundamental source stability of Puntland; |
 | Elimination of the political opponents:
political assassination, repression and eliminate of the political
opponents became the trademark; |
 | Impediments to development: closure of local
and international NGOs; |
 | Suppression of free press: the closure of local
mass media; and |
 | Abolition of basic human rights: disregard and
contempt for human rights and the abolition of the foundation of
freedom and justice; |
The first defeat in the hand of court of law in
England is the first step towards dealing with the likes of Colonel
Abdullahi Yusuf Ahmed. Undeniably, this is also a hope for the
Somalis who suffered under Somali warlords. Perhaps, it is a step
closer to the possibility of removing one of the obstacles to
Somalia's road to peace. Obviously, it is a great day for the family
of Sultan Hurre, his supporters, the peace loving Somalis, and
justice.
Sultan Hurre Human Rights Focus (SHHRF) |