Al-courts Shabab’s win more adherents in Somalia

• Somalia has been ranked at the bottom – or close to it – of Transparency International’s Corruption Perceptions Index since 2006.
• There are constant claims of judges subverting the law in favour of those with connections within the country’s distinct clan structure.
• It is little wonder then, that armed group has stepped in to fill the gap.

Halima (actual name withheld on request) boarded a minibus from Zoobe bus station in the Somali capital of Mogadishu to Ugunji, a rural area just outside the city controlled by al-Shabab, in late December 2021.

Her purpose was to seek retribution from the armed group after her parcel of property was seized by someone else who allegedly faked paperwork to aid his cause.

Halima arrived after a two-hour ride and rented a room in a hotel made of mud and logs. She went to a house in the centre of the hamlet after breakfast the next morning, where the gang was literally holding court.

“I submitted my litigation through a man with a cloth that covered his head, supplying all the paperwork to support my case, witnesses, and the respondent’s contacts,” the 50-year-old explained.

The matter was resolved in her favour after four days in court, and the defendant totally accepted the ruling. It was a vindication for Halima, who went to the armed organisation after losing faith in the country’s judicial institutions owing to “corruption and favouritism,” she said.

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Somalis widely believe that the federal and regional governments have failed to deliver justice. Many people do not have access to the Banadir regional court in the capital, which has authority over land disputes, according to Aweys Sheikh Abdullahi.

“People also prefer the al-Shabab method to avoid long processes that can take years without the case moving, backlog stemming from a lack of enough judges at the court, and expensive legal expenses,” he explained.

He stated that prosecuting a single case can sometimes cost more than $5,000.

Since 2006, Somalia has been ranked at or around the bottom of Transparency International’s Corruption Perceptions Index, which has harmed the country’s courts, citizens and analysts believe. There are frequent allegations of judges bending the rules in favour of persons with ties to the country’s particular clan structure.

It’s no surprise that the armed gang has stepped in to fill the void.

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