This article was inspired by a recent incident that attracted significant public attention. The media and social media platforms widely reported the case of a Somali man who was allegedly wanted by the United States and was arrested in Mogadishu.
It was also reported that he was transferred to the country where he was accused of fraud involving public projects and public funds. This incident encouraged me to examine the legal process known as extradition.
Extradition is addressed in the two most recent Somali constitutions, including the Provisional Constitution of 2012 and the constitutional framework being adopted in 2026. It is also covered by the Somali Penal Code and the Somali Criminal Procedure Code.
What Is Extradition?
Extradition is a legal process through which one country requests another country to surrender a person who is accused or has already been convicted of a crime. The purpose is to allow the requesting country to prosecute the person or enforce a criminal sentence.
Extradition normally occurs when the person being sought is located in a country different from the country where the alleged crime was committed or where the criminal case is being handled.
Article 11 of the Somali Penal Code provides that a person may be extradited to the country where the offence was committed only when the conditions and legal procedures required by law have been satisfied and when there is an international agreement allowing the extradition.
The Article also prohibits extradition when the act for which the person is requested is not considered a criminal offence under both Somali law and the law of the requesting country.
It further provides that no person may be extradited for political reasons.
In summary, Article 11 establishes three main requirements:
First, there must be a legal basis for the extradition.
Second, the act must be considered a crime in both countries.
Third, the extradition request must not be politically motivated.
When the allegation concerns embezzlement, financial fraud or misuse of project funds, the matter should be seriously investigated, especially when the money was intended for public services or vulnerable people.
However, it must first be confirmed that the request from the foreign country is legally valid, that the alleged conduct is also a crime under Somali law, and that sufficient evidence exists to bring the person before a court.
Article 278 of the Somali Criminal Procedure Code also states that an accused or convicted person may be returned to a foreign country only when the extradition does not conflict with Article 11 of the Penal Code.
This means that Article 11 of the Penal Code remains the main legal foundation for extradition.
It is therefore clear that a person requested by a foreign country cannot simply be handed over. Extradition requires a proper legal process and must follow the procedures established by law.
The Constitutional Position
The Provisional Constitution of Somalia strengthens the same principle.
Article 36 provides that the extradition of accused or convicted persons may be permitted only in accordance with the law. There must also be an extradition agreement to which Somalia is a party, or an international agreement that legally requires Somalia to surrender the accused or convicted person.
The Constitution further requires that extradition comply with international law.
The purpose of the constitutional provision is to ensure that extradition follows a lawful process.
This means that there must be a treaty or an international legal obligation. There must also be a clear procedure provided under that agreement, and the matter must be considered by a court with proper jurisdiction.
These rights do not depend on whether the accusation is minor or serious.
Even when a person is requested by a foreign government, that person is still entitled to the protection of Somali law. A press statement, serious suspicion or media reports cannot remove a person’s constitutional rights.
I do not believe that Somalia should become a safe place where people accused of crimes can hide. That would not serve justice.
When a person is accused of fraud, embezzlement, money laundering or another serious crime, the matter should be investigated. When evidence exists, the person should be prosecuted.
When an extradition agreement exists, the procedures under that agreement should be followed. When a foreign country has evidence, Somalia should cooperate with that country through lawful procedures. That is how the system should work.
However, I also do not believe that Somalia should become a place where its citizens can be taken away merely because a foreign country has made a request, without the matter being reviewed by a Somali court.
Good governance requires balance.
A person suspected of committing a crime should not be protected from justice. At the same time, that person should not be removed from the protection of the law. The procedures required by law must be followed.
When a Somali citizen is accused of committing a crime in another country, the matter should not be rushed or treated lightly.
Somalia may cooperate with any country seeking justice, but a person should not be surrendered to a foreign country without following Somali law and obtaining proper judicial review.
For justice to be achieved, there should be an official extradition request, a clear legal basis, sufficient or complete evidence relating to the case, and an opportunity for the requested person to defend themselves.
When these requirements are followed, the final decision will be understandable, lawful and trustworthy.
Somalia should not become a place where people hide from criminal responsibility. However, it should also not become a place where people are removed without following the country’s laws.
True justice is justice that follows the law and protects the rights of every person.
Abdullahi Ibrahim Ali (Jeyte)
Country Director, African Law Students Association, Somalia| Law Student at SIMAD University| Legal Intern