Ahmed Moalim Fiqi, an enigma in Somalia politics and close confidant of President Hassan Sheikh Mohamud, recently spoke at a gathering in Mogadishu. Fiqi addressed the crowd as the newly minted Interior Minister for Somalia.
Fiqi described a shadowy court system operating on the outskirts of Mogadishu. He zoomed in on one in the Daynile district and characterized the scene as an airport. He compared the scene to London Heathrow Airport as a point of emphasis on the vastness and capacity.
For a brief background, Fiqi is known as the “prince of darkness” in central Somalia. He came back to Mudug and Galgaduud region after a brief stint with National Security and Intelligence Agency (NISA). He organized tribesmen and consistently hindered peace and reconciliation efforts around Gelinsoor. He instigated civil war among communities on the border of Ethiopia and Somalia. For example, his activities led to clashes in the border town of Gahandhalle in 2015. More than 200 died and hundreds more were injured. He led an effort that hoisted Galmudug flag inside Ethiopia and wreaked more havoc among border communities. He briefly served as a Security Minister in the Galmudug administration. He was forced to resign from this post for collaborating with Ahlu Sunna Waljama’a militia to overrun Guriel district. This attack was also brutal and resulted in a bloodbath.
In his latest post as an Interior Minister for Somalia, he wants to shut down what he characterized as shadowy courts by Al-Shabaab. He argued the country cannot have two parallel court systems.
The fundamental flaw in Fiqi thinking is that what he’s offering as an alternative is worst. The government courts virtually do not exist. In the few scenarios in that courts exist; corruption runs to the core. Verdicts are sold to the highest bidder.
Courts begin with the police. The police interview and assess complaints. An investigation determines if apprehension is warranted. Appearance in front of an impartial judge follows.
The problem is that police in Somalia are broken. The police as an institution are in complete shambles.
For example, when I was in Mogadishu, one of my relatives was arrested and taken to Hodan Police Station. Hodan is one of the districts that the Somali government fully controls in the capital city. It includes part of Maka Al Mukarama street which takes motorists to Villa Somalia and Parliament headquarters. Somalia police leaders often offer Hodan police station as a prime example.
My relative was arrested because he asked for identity verification of two police officers who came to arrest one of his employees. That employee had a private financial dispute with another man. That man went to the Hodan Police station and paid $50 for the arrest.
My relative was concerned about a possible kidnapping. It is common in Mogadishu for men in police uniform to kidnap citizens for ransom. He ended up getting himself arrested for annoying the police.
The arrest lasted a little over two hours. We debriefed him when he got out. He described a place of misery and miscarried justice.
He said that he was held in a small room with other 24 men. He asked them the reasons that led them to jail.
He learned that 10 men were arrested due to running afoul with the police. Many simply annoyed the police as he did. Police in Somalia are quick to make an arrest.
Another 10 ten were there due to a private financial dispute. He described a similar financial dispute to the one between his employee and the man who paid police $50 for an arrest.
Two young men were held on sexual assaults. One was accused of molestation while the other was accused of forced penetration.
One young man said he ended up in jail because three other men spooked him while he walked home. He said he was scared and took off running. The three men gave chase, caught him, and charged him with being a member of a criminal group.
The final man had the most intriguing story. His story demonstrated how corrupt and broken policing in Mogadishu and Somalia by in large has become.
The man owned a store in Mogadishu. He said he arrived at his store to open it, but a thief was trying to break into his store. He said a fist fight ensued.
The store owner overpowered the thief. He even confiscated a stabbing knife (Tooraay). He asked the thief to leave and never to come back.
A few hours later police came and arrested the store owner. The store owner demanded the reason for his arrest.
The police ignored him for some time. But finally, one of the officers told the store owner that the thief paid $10 for the arrest to be made. The police told the store owner he could go if he paid $15 and the thief will be arrested. It’s this kind of justice that Fiqi is offering as an alternative.
Conversely, residents of Mogadishu expressed some confidence in justice being administered in the kinds of court systems Fiqi derided. People accept verdicts rendered and no bribery is reported.
A friend of mine shared a story about how land brokers tried to rip him off dozen lots. He was put in touch with a local real estate broker who had contact with the court system since not everyone can petition this court for security concerns.
My friend described a comparatively simpler process. The registrar asked for only the plaintive name, and telephone number. The plaintive also provided similar information for the accused. The compliant type was pre-filtered, so the registrar knew the plaintive was there for a land dispute.
A few days later he got called from the court. The accused conceded and the man got his property back.
Despite the efficiency of administering some level of justice, these courts have plenty of other problems. For example, the court registrar intimidated my friend about beard shaving. Something my friend considered a violation of basic citizen’s rights.
A simple comparison of ordinary citizens’ experiences leads to the conclusion that the alternative Fiqi offered is the worst. Fiqi shall stop chest-thumping politicking that he’s infamous for as a tribal leader. He’s no longer organizing tribesmen. Fiqi is on the national stage now and he laid a big egg in one of his first public utterances.
Mohamud justified Mukhtar Robow appointment to religious affairs portfolio as part of a plan to reclaim stolen religion. Robow was a leader in establishing the courts Fiqi ridiculed. He considers maintaining them a religious sacred. It’s unlikely Robow will endorse any effort to shut them down particularly given the alternative is worst. Mohamud certainly created a set of options that go from bad to worst in the continuous spectra of justice in Somalia.
Author is a Technology Entrepreneur and long time civic leader. He tweets @fuguni. Follow him for more in-depth analysis.
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