According to her legal team and
a review of court proceedings, a judge was swapped out mid-trial, and the
Attorney General's office pushed the case at both the trial and the appeal.
A Conviction That Almost Didn't Happen
Sadia, a tuk-tuk driver turned
social media activist, was arrested twice in 2026. The first time, on March 12,
she was held four days after joining protests over rising fuel prices, then
released without charge. The second arrest came April 12, when officers from
Somalia's National Intelligence and Security Agency (NISA) detained her in
Mogadishu's Hodan district. The trigger was a video in which she criticized
government corruption and the president directly.
Her first hearing, on June 1,
centered on two charges: defaming government institutions and incitement.
Prosecutors showed the court a video in which Sadia said police officers had
threatened her with rape. The judge rejected the charges as too vague and sent
the case back for more evidence.
Within a week, that judge was
replaced. The new judge, Saalax Cali Maxamuud, known as "Saalax
Dabaan," convicted Sadia on June 25 and sentenced her to three years. The
charges had shifted to public incitement and abuse of power involving
government officials. Kaab TV reported that the switch alarmed observers, and
that media access to the courtroom was tightly restricted — reporters were
barred from entering, and cameras and notebooks were blocked.
Sadia raised the judge swap
herself. In a letter written from Mogadishu Central Prison and circulated byKaab TV, she said she had not confessed or pleaded guilty, and that she
believed she was being punished for her opinions, not a crime. She said she did
not want a presidential pardon, since accepting one would mean admitting guilt.
Instead, she asked for an independent judge, full access to her case file for
her lawyers, medical care for asthma she said had gone untreated in custody,
and consideration of her young child.
The Attorney General's office
stayed closely tied to the case in public, too. Attorney General Suleiman
Mohamed Mahmoud briefed reporters on the case more than once, updating them on
the investigation and when it would go to trial. In one briefing, he said Sadia
had been arrested on April 21, 2022 — the wrong date and the wrong year. She
was arrested on April 12, 2026. He also used these briefings to complain about
what he called false information spreading on social media and in some outlets,
saying it was hurting public trust in the justice system. His office also put
out a statement defending the case against Sadia as part of its duty to uphold
the law, and warned that anyone doing the same thing would face the same
treatment.
According to a member of her
legal team, the Attorney General also personally monitored the first-instance
hearings and later tried to influence the appeal. That attempt, the source
said, failed. The appeal court, chaired by Judge Abdifatah Mohamed, ruled that
Sadia's conviction "was not based on sufficient formal grounds related to
the charges against her" and ordered her release. Judge Abdifatah told
Raxanreeb Online that his ruling was meant to show the importance of judicial
independence, and that he was not swayed by the political pressure alleged in
the case.
A Wider Pattern
Neither the judge swap nor the
pressure claims stand alone. Human Rights Watch has long documented how Somali
judges remain exposed to outside influence, given weak protections around how
they are appointed, kept in office, or moved. Sadia's case is not the only one
raising questions about the Attorney General's reach into politically sensitive
matters. In January 2026, the same office dropped a criminal case against the
President of Jubaland that was already before a regional court — a move the
Legal Archives Center said raised concerns about how the office handles politically
sensitive cases.
NISA's role in Sadia's case fits
a pattern too. The agency has repeatedly been documented detaining journalists
and activists without clear cause, and using broad surveillance powers over
phones and the internet. In May 2026, NISA and a counter-terrorism police unit
abducted and beat journalist Mohamed Ibrahim Osman, known as Bulbul, and
interrogated him specifically about an article he had written on violations
against Sadia. Kaab TV also reported that NISA sent operatives posing as activists
and journalists to infiltrate opposition circles, and that Sadia was swept up
in the wider crackdown that followed.
The pattern continued into the
final weeks of her case. On June 30, armed NISA officers abducted journalist
Mascuud Warsame, founder of the outlet Xogbile Media, outside his office in
Mogadishu. He was first taken to a police station in Hodan district — the same
district where Sadia was arrested — then moved to a NISA facility near
Mogadishu port, where he was held 39 days without charge and never brought
before a court. The Somali Journalists Syndicate said he was repeatedly
questioned about his social media activity and his reporting on Southwest
State's leadership, held in a dark, hot cell, and collapsed twice before his
release on August 8. SJS said the case reflects a broader pattern: Somalia's
security agencies used to intimidate journalists and activists instead of
pursuing them through the courts.
Critics have raised another
possible factor behind Sadia's sentence: her clan. The Somali Guardian reported
that young people who made similar comments, but who came from more powerful
Hawiye clans with influence in Mogadishu, were released quickly. Sadia, from a
smaller and more marginalized clan, was not.
What Remains Unconfirmed
Public reporting backs the judge
swap, the restricted courtroom access, the Attorney General's public statements
on the case, and NISA's pattern of surveillance and intimidation. It does not
yet independently confirm that the Attorney General personally monitored the
trial hearings or tried to pressure the appeal court — claims that, for now,
rest on Sadia's legal team. There is also no public record tying a specific
NISA unit to her original arrest.
Sadia's case has closed with her
release. The question of who inside Somalia's courts and security forces pushed
for her conviction — and why — remains open.
_________
ABOUT THE AUTHOR
Ismail Abukar is Co-founder and
Chairperson of the Organization for Prisoners' Rights (OPR), an independent
civil society organization based in Mogadishu, Somalia. He has conducted
primary field research in Somalia for seven years covering prisoners' rights,
enforced disappearances, press freedom, and electoral corruption. His
investigations have been published by African Arguments, Lawfare, and Horn
Observer. He holds an MA in International Law and Human Rights from the
University for Peace (UPEACE). ORCID: 0009-0003-1435-3691 |
ismailabukar@opr.org.so | opr.org.so

Back to Home
Somalia: How Sadia Bajaaj Was Convicted — Inside the Judge Swap and the Pressure Behind Her Case
Horn Observer about 1 hour 6 mins read
This article was sourced from an external publication.
Share this article
