Somalia 2012 Constitution - Page 7 of 15

Table of Contents

CHAPTER 7. THE PRESIDENT OF THE FEDERAL REPUBLIC

Article 87. The President of the Federal Republic of Somalia

The President of the Federal Republic of Somalia is:
1. The Head of the State of the Federal Republic of Somalia;
2. The symbol of the national unity;
3. The guardian and promoter of the founding principles of the Constitution.
The President of the Federal Republic of Somalia shall carry out his duties in accordance with the Constitution and the other laws of the Federal Republic of Somalia.

Article 88. Eligibility Criteria for the Position of President of the Federal Republic of Somalia

Any citizen is eligible for the position of President of the Federal Republic of Somalia, as long as he or she meets the eligibility requirements of:

Being a Somali citizen and a Muslim;
Being not less than forty years of age;
Having relevant knowledge or experience for the role;
Having a sound mind;
Not having been convicted by a court of a major crime.

Article 89. Election of the President of the Federal Republic of Somalia

The Houses of the Federal Parliament shall elect the President of the Federal Republic of Somalia in a joint session, presided over by the Speaker of the House of the People of the Federal Parliament.
A minimum of two-thirds (2/3) of the members of each House of the Federal Parliament must be present when electing the President of the Federal Republic of Somalia.
Candidatures must be proposed to the joint session of the Houses of the Federal Parliament by a minimum of twenty (20) members of the House of the People of the Federal Parliament, or a minimum of one (1) Federal Member State.
When the members of the Upper House of the Federal Parliament are voting for the President of the Federal Republic of Somalia, each one of them has one vote.
Every presidential candidate has to declare his candidacy to the Houses of the Federal Parliament and should present his election programme to the Federal Parliament, which shall then elect him by the following process:
1. The election of the President of the Federal Republic of Somalia shall be conducted by secret ballot;
2. Any candidate who gains a two-thirds (2/3) majority vote of the total membership of the two Houses of the Federal Parliament shall be elected President of the Federal Republic of Somalia;
3. If no candidate gains the necessary two-thirds (2/3) majority in the first round, a second round of voting shall be conducted for the four candidates with the greatest number of votes from the first round, and any candidate who gains a two-thirds (2/3) majority vote of the total membership of the two Houses of the Federal Parliament in the second round shall be elected President of the Federal Republic of Somalia;
4. If no candidate gains the necessary two-thirds (2/3) majority in the second round, a third round of voting shall be conducted between the two candidates with the greatest number of votes from the second round, and the candidate who gains the greatest number of votes in the third round shall be elected President of the Federal Republic of Somalia.

Article 90. The Responsibilities and Powers of the President of the Federal Republic of Somalia

The powers and responsibilities of the President of the Federal Republic of Somalia are to:

Declare a state of emergency and war in accordance with the law;
Serve as Commander in Chief of the Armed Forces;
Appoint and dismiss the Commanders of the Forces at the Federal Government Level on the recommendation by the Council of Ministers;
Appoint the Prime Minister, and to dissolve the Federal Government if it does not get the required vote of confidence from the House of the People of the Federal Parliament by a simple majority (50%+1);
Dismiss ministers, state ministers and deputy ministers on the recommendation of the Prime Minister;
Sign draft laws passed by the Federal Parliament in order to bring them into law;
Open the House of the People of the Federal Parliament;
Hold an annual session with the House of the People of the Federal Parliament;
Address the House of the People of the Federal Parliament at any other time;
Appoint the chairman of the Constitutional Court, the High Court, and other judges at the Federal Government Level in accordance with the recommendation of the Judicial Service Commission;
Appoint senior Federal Government officials and the heads of the Federal Government Institutions on the recommendation of the Council of Ministers;
Appoint ambassadors and high commissions on the recommendation of the Council of Ministers;
Receive foreign diplomats and consuls;
Confer State Honors on the recommendation of the Council of Ministers;
Dissolve the House of the People of the Federal Parliament when its term expires, thereby prompting new elections;
Pardon offenders and commute sentences on the recommendation of the Judicial Service Commission;
Sign international treaties proposed by the Council of Ministers and approved by the House of the People of the Federal Parliament.

Article 91. Term of Office of the President of the Federal Republic of Somalia

The President of the Federal Republic of Somalia shall hold office for a term of four (4) years, starting from the day he takes the oath of the President of the Federal Republic of Somalia, in accordance with Article 96 of the Constitution.

Article 92. Impeachment and Discharging of Duties of the President of the Federal Republic of Somalia

The House of the People of the Federal Parliament can propose the dismissal of the President of the Federal Republic of Somalia if he is accused of treason, or gross violation of the Constitution or the laws of the Federal Republic of Somalia.
The motion for dismissing the President of the Federal Republic of Somalia may be introduced by no less than one-third (1/3) of the total membership of the House of the People of the Federal Parliament, and may be presented to the Constitutional Court, which shall preside over the case to see whether it has legal grounds.
If the Constitutional Court determines that the case has legal grounds, the President of the Federal Republic of Somalia may be dismissed by a two-thirds (2/3) majority vote of the total membership of the two Houses of the Federal Parliament.
In the event of the dismissal of the President of the Federal Republic of Somalia, in accordance with Clauses 1-3 of this Article the Speaker of the House of the People of the Federal Parliament shall assume the duties of the President of the Federal Republic of Somalia.

Article 93. Resignation of the President of the Federal Republic of Somalia

The President of the Federal Republic of Somalia may resign to the Federal Parliament through the Speaker of the House of the People of the Federal Parliament.

Article 94. Acting President of the Federal Republic of Somalia

If the President of the Federal Republic of Somalia is absent from the country, or unable to fulfil his duties due to illness or any other reason, the Speaker of the House of the People of the Federal Parliament shall assume these duties until such time as the President of the Federal Republic of Somalia resumes office.
In the event of the Speaker of the House of the People of the Federal Parliament assuming the duties of the President of the Federal Republic, the Deputy Speaker of the House of the People of the Federal Parliament shall act as the Speaker of the House of the People of the Federal Parliament.

Article 95. Vacancy in the Office of the President of the Federal Republic of Somalia

If the Office of President of the Federal Republic of Somalia falls vacant, the Speaker of the House of the People of the Federal Parliament shall act as President of the Federal Republic until such time as a new President of the Federal Republic is elected, within a maximum of thirty (30) days.
If the President of the Federal Republic suffers a terminal illness that is expected to lead to his or her death within a period of three (3) months and this is attested to by medical experts, the office of the President of the Federal Republic shall legally be deemed vacant.
The election of a President of the Federal Republic of Somalia to fill an office left vacant in accordance with Clause 2 of this Article shall be conducted in accordance with the presidential election procedure stated in Article 89 of the Constitution.
A President of the Federal Republic of Somalia elected in accordance with Clause 3 of this Article shall complete the remaining period of the term of the previous President.

Article 96. Oath of the President of the Federal Republic of Somalia

Before assuming office, the President of the Federal Republic of Somalia shall take an oath before the Federal Parliament, administered by the Chairman of the High Court, which shall be as follows:

“I swear in the name of Allah that I will perform my duties honestly and in the best interest of the Nation, People and Religion, and that I will abide by the Constitution and the other Laws of the Country”