The Truth Perspective | Ibrahim Shqlaawi The Constitutional Court… The Beginning of the Road
On Tuesday, the Chairman of the Sovereignty Council, Abdel Fattah Al-Burhan, issued a decision appointing five new members to the Constitutional Court, based on the provisions of Constitutional Decree No. (38) of 2019, the Constitutional Document for the Transitional Period of 2019 as amended in 2025, the Constitutional Court Act of 2005, in addition to the relevant laws and regulations.
The decision included the appointment of Soumi Zeidan Attiya, Ibtisam Ahmed Abdullah Musa, Mohammed Ahmed Mohammed Tahir, Mohammed Zamrawi Nasser Hemmet, and Alish Osman Al-Hajj Amer, thereby completing the formation of the Constitutional Court after years of absence. The importance of this step is not limited to filling an institutional vacuum, but rather represents an indication of restoring one of the most important pillars of the constitutional state, at a stage that requires consolidating the rule of law and rebuilding governance institutions on stronger foundations in the aftermath of the war.
This step cannot be viewed separately from the previous decision issued by the Chairman of the Sovereignty Council to appoint Judge Wahbi Mohammed Mukhtar as President of the Constitutional Court, after this position had remained vacant since the fall of President Omar Al-Bashir’s regime in April 2019. The absence of the Court and the delay in completing its formation were among the manifestations of the crisis that accompanied the transitional period, depriving the state of one of its most important tools for constitutional oversight and for protecting the balance between the branches of power.
The completion of the Court’s formation today means the restoration of an institution that is not ordinary within the structure of the state. It is the highest judicial authority responsible for reviewing the constitutionality of laws, interpreting constitutional texts, adjudicating constitutional disputes between governing institutions, as well as protecting public rights and freedoms. Therefore, its return means restoring recognition to the idea of a state based on institutions, rather than on exceptional circumstances or balances of power.
Perhaps the importance of this step does not only lie in addressing the absence of one of the most important institutions. The country today stands before a historic phase in which the concept of the state is being redefined after the war. This phase requires more than political settlements; it requires institutions capable of regulating the transition, protecting rights, and preventing the recurrence of the causes of the crisis. Countries emerging from conflicts are rebuilt by establishing institutions that make the law a permanent reference for managing disputes.
The absence of the Constitutional Court over the past years has created a constitutional and legal vacuum that affected a number of issues, weakened the system of oversight over government actions, and deprived citizens of their original competent authority for constitutional appeals and disputes.
This absence also came within a broader context that witnessed the disruption of other judicial and legislative institutions, such as the Legislative Council, the Higher Judicial Council, and the Supreme Public Prosecution Council, which weakened the state’s ability to manage the transitional phase according to successful and stable institutional foundations.
In this context, we previously addressed, in the “The Truth Perspective” column in September 2025, the issue of the Constitutional Court under the title “The Constitutional Court and Suspended Justice Issues.” We pointed out at the time that the absence of the Court was not merely a delay in forming a judicial institution, but rather an institutional vacuum that affected justice and left many cases without a constitutional authority to resolve them.
We emphasized that appointing the President of the Court represented a necessary beginning, but completing its formation was the step that would grant it the actual capacity to perform its role. Today, with the appointment of the new members, the first link in the process of restoring this institution’s role has been completed.
The anticipated role of the Constitutional Court in the coming phase goes beyond adjudicating expected constitutional disputes, extending to becoming one of the pillars of rebuilding the state through protecting the Constitution and rights, regulating the relationship between authorities, and ensuring the constitutionality of laws, in a manner that enhances the stability of governance in the post-war phase. However, the value of the Court does not lie merely in its existence, but in its independence.
It is not an opponent of the government nor a tool for any political party; rather, it is the guarantor of the rule of law and the protection of rights, because an independent constitutional judiciary represents a safeguard against the abuse of power and protects the legitimacy of the state.
The completion of the formation of the Constitutional Court today represents an important step, but it should be the beginning of completing the remaining institutions of the state, because building a state does not depend on one institution alone, but on an integrated system that includes judicial and legislative institutions, restores balance between authorities, and strengthens confidence in the rule of law.
The responsibility of protecting the independence of the Court remains shared among the government, political forces, and society, through respecting its jurisdictions and keeping it away from political disputes. Institutions derive their strength from commitment to their rulings before the texts of their establishment, and Sudan in the post-war phase is in greater need of rebuilding trust between the state and the citizen. This trust is not created by slogans, but by independent justice and a firmly established rule of law.
According to #The_Truth_Perspective, completing the formation of the Constitutional Court goes beyond being a legal procedure; it represents a step toward restoring the state and consolidating the rule of law after years of institutional vacuum. However, the success of this step remains dependent on the independence of the Court and its ability to protect the Constitution and rights, so that it becomes the beginning of a broader path toward rebuilding state institutions and consolidating justice as the fundamental pillar of peace, stability, and development.
Wishing you continued health and well-being.
Monday, 13 July 2026
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