Is Rayale Eligible For Another Term?

By Ali Gulaid, San Jose, CA

In short, the answer is No. Mr. Tani, a close confidante and a friend of president Rayale has recently intimated that the President has made up his mind to run for another term and Mr. Tani added that the UDUB party is rallying behind the President 100%. I would take for Mr. Tani’s word that Rayale is running but that UDUB is unified and that it is rallying behind Rayale is a stretch of the imagination. In order to accord the importance the issue of term limits commands, I would defer my comments on UDUB’s presumed unity to another time and on that regard remind to whoever it may concern that constitutionally speaking Rayale isn’t eligible for another term, and that it pays to consult with a constitutional lawyer before President Rayale and his associates dream

I repeat, President Rayale wouldn’t be eligible for another term and here is why: Article 88 (2) of the constitution stipulates, “No person may hold the office of President for more than two terms” ( Qofna jagada Madaxweynaha ma qaban karo laba jeer wax ka badan) . The key word is “term” and in President Rayale’s case the begging question is whether the period Rayale served to complete late Egal’s term constitutes one term or not. Without dissent, the consensus of the lawyers is affirmative – that it does constitute a term. For the record, I am not a lawyer but after presenting the constitution and posing the question to several lawyers of different nationalities and background, they concluded that it does constitute a term. I concur with that conclusion and in addition I have drawn my analysis on other scholarly comments and researches I came across

Furthermore, since article 88 (2) limits the President’s term to two and since it is silent on whether holding the office for less than 5 years is considered FULL term or not, holding the office under the capacity of a President is interpreted as a term, irrespective of its duration. What is significant here is that, it doesn’t say that no one should hold office for two FULL terms; it simply says holding office twice (Laba jeer).

To expound, a term of office can be the Full 5 years when elected or less than 5 years when a person assumes, for whatever reason, the remaining period of a former President’s tenure. It is also important to note that the constitution doesn’t speak if the period assumed under the circumstances in Article 86, is counted towards a term or not

Whether the period a person assumed the Presidency under the circumstances on Article 86 is considered a term or not hinges on under the capacity the person served. If the person served as a caretaker, the lawyers are in agreement that such wouldn’t be considered a term. But if the person served as a President in his own right and not as a temporary President (caretaker), it is considered a term regardless of the duration of service.

At this point, let us introduce what the constitution says under the capacity served. Article 89 (1) stipulates, “in the event of the one of the circumstances set out in Article 86 happening to the President within the first three years of his 5-year term of office, the Vice-President shall act as a temporary President, and the election of the President shall be held within six months”. Obviously, a temporary President is a caretaker and the lawyers are in agreement that such would not constitute as a term.

However Article 89 (2) says, “in the event one of the circumstances set out in Article 86 happening to the President within the last two years of his 5-year term of office, the Vice-President shall assume the office of President for the remainder of the term, and shall then nominate a Vice-President from among the members of the House of Representatives…” This clearly means that, in this scenario, if the person can appoint even his own Vice-President, then the person is acting as a President and not a as a caretaker. In other words, the period President Rayale served after the death of Egal constitutes ONE TERM.

Under article 89 (2) scenario, if the person or President Rayale in this case stands and wins another term (God forbid) he would serve THREE terms and this is undoubtedly unconstitutional. The issue here isn’t the number of years; rather it is the number of terms. Therefore, according to the constitution a person can hold office only twice and that definitely discriminates Rayale if at all he is planning for another bid on that coveted office.

In matters of this magnitude, it is always wise to consult how other constitutions deal similar issues and for no particular reason, let us take that of the United States. In the U.S. the term limit is promulgated under The 22 nd Amendment and it says as follows:

“No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once..” Under the American system, it is quite clear that assuming the Presidency if vacated for any reason, unequivocally counts as one FULL term. I might also add the position taken by the United States on whether inheritance of the President’s office counts as a FULL term or not is the predominant one throughout the constitutional democracies across the world.

Conclusion

On the one hand, some might say it is not fair to count a period of less than 5 years as a full term; but on the other hand others might say it is unfair for a person to serve the remainder of a term PLUS another two FULL terms or more than 10 years. It isn’t an issue of fairness; rather it is constitutional and limiting the terms a person can serve and that is the essence of the argument. It is limiting the terms of service to two and the number of years to not more than 10 years but the two terms could last less than 10 years. The spirit is to prohibit serving more than ten years. If Rayale wins another term, which is presently as unlikely as a pie in the sky, he would be serving 12 years and that is unconstitutional.

The issue of term limits might be just an academic exercise as it relates to Somaliland because it is predicated on constitutional democracy where there is a separation of powers and the judiciary is independent from the executive. That wasn’t the case before but there is hope now. According to my sources, the current Chief Justice, Mr. Oomane isn’t beholden to any one, I say Aaamiiin to that, but it is too early to celebrate; only time would tell.

Despite of the constitutional limitation, which should be enforced, I truly would like President Rayale to run for a self-serving purpose. Among the anticipated current pool seeking that office, he is the least popular and the weakest and many predict UDUB would finish last if Rayale runs. Good riddance, I say to that.

The point isn’t whether Rayale would win or not, because that is just pure speculation but the point is whether he would be allowed under the constitution to run for another term and we all have an obligation to find it out. And, as a citizen of this great nation of Somaliland, I would take this issue to the Court, if no one else does, and would engage my lawyers to file it ASAP. I challenge President Rayale and his associates to inquire and consult with independent reputable lawyers, Somalilanders and foreign, if he can constitutionally run another term and submit the findings and the opinions of the counsel to the public. If the President accepts this challenge, I, Ali Gulaid, would pay all the fees.

At any rate, if President Rayale is contemplating to stand for another term, according to Article 126, he has to propose constitutional amendment and that would require an absolute majority of the Representatives first and then a two-thirds majority of both Houses. I wish him good luck.

I will leave you with Article 88 (2), which says “No person may hold the office of President for more than two terms, ” ( Qofna jagada Madaxweynaha ma qaban karo laba jeer wax ka badan) . Powerful, isn’t it? Think of it.

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