Somalia: Banadir Court Chairman Faces Corruption, Abuse, and Sexual Misconduct Allegations

by: Horn Observer Contributor | 09 August 2024 07:00

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Somalia: Banadir Court Chairman Faces Corruption, Abuse, and Sexual Misconduct Allegations

BY - ABDALLE MUMIN and LOCAL REPORTER

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Appointed on October 20, 2022, Daban's tenure has been marred by controversy, with growing concerns over his lack of experience and legal qualifications.

BY - ABDALLE MUMIN and LOCAL REPORTER

The Chairman of the Banadir Regional Court, Salah Ali Mohamud, also known as Salah Daban, is facing a litany of serious accusations, including solicitation of sex, abuse of power, money laundering, and corruption.

Appointed on October 20, 2022, Daban’s tenure has been marred by controversy, with growing concerns over his lack of experience and legal qualifications, having been chosen primarily due to his clan affiliation with President Hassan Sheikh Mohamud.

Allegations of Solicitations of Sex and Abuse of Power

A group of judges from the Banadir Regional Court has taken the unprecedented step of writing a detailed four-page letter to the President, dated February 11, 2024, to bring attention to the misconduct of Chairman Salah Daban. The letter was also copied to the Minister of Justice, the Finance Minister, the Auditor General, and the Parliamentary Committee on Judicial and Religious Affairs.

Among the most shocking allegations against Daban is the use of his judicial power to solicit sex from women who sought justice in his court. The claims, backed by junior judges and a police investigator, reveal that Daban targeted both married and unmarried women, promising favorable judgments in exchange for sexual favors.

One judge recounted meeting a victim at the Mogadishu Central Prison, where she was detained for loan claims while waiting for her case to be heard.

"It is heartbreaking that when the police investigator revealed that this was happening at the Dorbin Hotel, where the court chairman was living at the expense of the government," the judge noted.

Daban is also accused of using his judicial role to exact revenge against rivals, particularly those from opposing clans. In October 2020, Deputy Attorney General Drs. Safiya Maxamed Maxamud filed a daunting criminal charge against the then-junior judge Salah Daban, accusing him of issuing illegal court decisions to settle personal vendettas.

The charges included violations of various articles of the Penal Code, Judicial Procedural Law, and the Constitution.

"The office acting under his mandate charged Salah Daban with articles 268, 267, 451, 37 of the Penal Code alongside articles 18, 24, 15 of the Judicial Procedural Law and in violation of article 106 of the Constitution," said Drs. Safiya. Despite the severity of these allegations, the case was never heard, and the charges remained unaddressed.

Money Laundering and Corruption

The letter from the judges also highlights serious allegations of money laundering and corruption.

One of the most damning examples is the unlawful seizure of houses in Mogadishu’s Waberi district. On January 2, 2024, Daban allegedly used his power to unlawfully confiscate property belonging to a low-income family from a marginalized group. The property, valued at USD 125,000, was reportedly acquired by Daban’s cousin, Said Omar Mohamed, who serves as a proxy in these dubious dealings.

"Judging from his income and his financial background, Said Omar Mohamed cannot purchase such property. Meanwhile, the fact that Salah Daban is involved in the court documents, including the one authorizing the eviction of the family sent to the police, is an indication of his ownership of the house," said a judge at the Banadir Regional Court.

On January 2, 2024, Daban sent a letter to the Waberi police commander, ordering the eviction of the family living in the house.

The family, which included an elderly woman and her children, were hereditary holders of the property and did not approve the sale.

The eviction was carried out, and journalists who reported on the incident were violently attacked, as documented by media institutions.

In addition to the property seizure, the judges accuse Daban of embezzling court fees and falsely claiming funds for court renovations.

One particularly egregious example involved a deposit of USD 20,000 made on October 17, 2023, by someone named Cadceed Cisman Shuuriye into the court’s bank account.

The deposit, confirmed by a receipt signed by the Court Treasury, was allegedly part of a deal to free a corruption suspect, who subsequently fled the country. The funds were then withdrawn by Chairman Daban, raising serious concerns about money laundering.

"What is clear to us is that the Banadir Regional Court chairman is engaging in money laundering by using stolen funds to purchase real estate, making the money appear legitimate and even harder to trace because he is using his cousin’s name and others for his dubious dealings," added a senior judge working at the court.

Despite the mounting evidence and the gravity of the accusations, no action has been taken against Chairman Salah Daban. The group of judges has called for an immediate investigation into his conduct, but their requests have so far been ignored.

The Banadir Regional Court, under Daban’s leadership, has not only been embroiled in corruption and abuse of power but has also seen its reputation severely tarnished.

The judges who wrote the letter to the President have expressed their deep concern over the disrepute brought upon the institution and its integrity. The lack of accountability and transparency surrounding his actions continues to raise questions about the state of the judiciary and the rule of law in Somalia.

Repeated attempts to contact Chairman Salah Daban for his response to these allegations went unanswered.