[Ercole
Ercol] < yadada1@email.msn.com
>
August
30, 2001
Posted
to the AllPuntland.com August
31, 2001
Traditional
chiefs of Puntland
Members of Puntland Parliament
Re: Separation of power in the
intellectually under-developed world
In the last two months, the Somali local media has
spoken frequently about the former president of the Supreme Court of Puntland,
Yusuf Haji Nur, who appointed himself as head of the judiciary, and, at the same
time the head of the executive branch of Puntland. He claim that the
constitution, amended by Parliament before the expiration of its term,
establishes that executive power will be assumed by the President of the supreme
Court case at the expiration of the Presidential term of the President of
Puntland. Unfortunately, Yusuf Haji Nur should know that Parliament had decided
otherwise and differently before the expiration of its term, and that parliament
possesses sovereign power in legislative matter, even if there are certain laws
that require popular referendum, but nevertheless they are provisionally in
force before operations of the referendum.
Ironically,
Yusuf Haji Nur previously maintained that his ruling was a result of dictates of
conscience and, therefor, he could not
facilitate a discussion involving constitutional, writ. However, when some
of our traditional chieftains asked him if he could yield or surrender himself
to their decisions, he answered yes. Now, when he is right: before or later?
How can Yusuf Haji Nur evade charges of corruption
when he assumes the function of President of the Supreme Court of Puntland, and,
when, he is also head of the executive branch of Puntland? How can he hold both
positions, since as the President of the Supreme Court, he has to decide any
controversy or dispute between the different branches of Puntland State,
including the judicial, legislative and executive branches, and between Puntland
State, and any other jurisdictions? The corruption’s amongst legislative and
executive branches is an old story amongst our people. It is very well known
that there was a judge who took 200.000,00 Somali Shillings in the elections of
1969, and attempted to buy a house with
150.000,00 and 50.000.00 Somali Shillings for his own personal luxuries; others
have also taken similar reward from then Somali Government for falsifications
and illegal votes legalization for President and his National assembly, and this
corrupted man Is trying to play a national role In the government so called
Transitional National Government (TNG) , or Arte faction.
I believe that such judges and the then Government
of Somalia is responsible for the people, who perished in the 1978 civil war,
that ravages this country to this day. They are responsible for those people
assassinated in the different abortive coups d’etat. Is it good, Mr. Yusuf
Haji Nur, to be blind from all these facts?, and to follow the policy of the people of
proper lineage after meetings and meetings of people of your lineage in Europe,
in North America, in Africa and in the Arab world, supporting the candidacy of
the organizer of Siyaad Barre Socialist Revolutionary Party, Jam Ali Jama, the former holder of the Public Relation office of the
Military Junta? Is this the conscience of a jurist? Is it good to stand
beside the criminals of yesterday who have only changed their banner, but not
their actions? What volte-faces and about-faces we have in this society.
Sincerely,
Ercole
Ercol
