The Tikrit Investigation Court labeled the former president of the Salahuddin Provincial Council, as an "accused" who must appear before the Judicial Investigation Office within 3 days.
The court order states that Ali Al-Karim is wanted according to Article 329/3 "Penalties," and if he fails to appear, he will face legal consequences.
"KirkukNow" obtained a leaked copy of the court document on December 15, 2024, which was issued on December 12th. Thus, the legal procedures mentioned in the Tikrit Court's notification to the "Legal Affairs Department" in the Salahuddin Provincial Council must be initiated up to end of December.
The fever of local administrations and provincial councils’ conflicts has reached Salah al-Din this time, the province that led the way in deciding and announcing the legislative and executive formation early after that December 2023 provincial elections results were approved.
While it replaced the governor known as "Abu Mazen" with "Badr al-Fahl," in an unexpected incident end of last October, the elected president of the provincial council, "Adel al-Sumaidaie," from the town of Dhuluiya on the eastern side of the Tigris River, was dismissed. On October 30, 2024, the council voted to dismiss its president al-Sumaidaie after adjourning the interrogation session to hold a second session with 9 members present to complete the quorum and make a decision.
Al-Sumaidaie deemed this illegal and not meeting the necessary conditions.
During a press conference attended by a KirkukNow correspondent, the Deputy Speaker of the Council, Mohammed Hassan Al-Attiyah, stated, "The session to question the Speaker of the Council was requested by 10 members. Adel Al-Sumaidaie was questioned on several points under my chairmanship. After the session, several paragraphs were voted on, and the session was adjourned. Subsequently, a second session was held during which 9 members voted to dismiss the Speaker of the Council."
An hour after the session to dismiss him, Al-Sumaidaie issued a statement categorically rejecting the dismissal decision, considering it an illegal procedure that did not meet the necessary conditions.
A state of anger gripped the objectors, who began shouting and held the security forces commander responsible for preventing them from ascending.
Al-Sumaidaie stated, "Leadership positions in local governments were based on comprehensive agreements between various political parties. It is unacceptable for individual decisions to be made by some members without considering these agreements, as this could harm the political stability of all governorates."
Tension prevails in the corridors of the provincial council due to the refusal of council member Ali Al-Karim and others to implement the administrative court's decision that reinstated Al-Sumaidaie as the council president.
An informed source within the council anonymously mentioned that Al-Karim appealed the decision to reinstate Al-Sumaidaie after his initial appeal was rejected by the court.
Regarding the events at the provincial council building on Sunday, December 13, the source stated, "Ali Al-Karim and his supporters attempted to climb the stairs leading to the presidential wing, where the head of the provincial council's office is located. However, the security forces assigned by the Minister of Interior to enforce the judicial decision prevented them."
The source, who chose to remain anonymous, added, "The objectors became angry and began shouting, blaming the security forces commander for blocking their ascent. Despite several attempts, they were unable to reach the presidential wing."
Earlier, Al-Sumaidaie announced his intention to file a lawsuit against Ali Al-Karim and council members aligned with him for violating the law by not complying with the administrative court's order to reinstate him as the council president.
Al-Jamahir al-Watania (National Masses) coalition, which included a number of Sunni Arab and Kurdish parties, won the election and formed a local government with several other Sunni parties, including the Siyada (Sovereignty) and al-Hasim al-Watani (National Decisiveness) coalitions.
The provincial council of Salahaddin consists of 15 seats, four of which reserved for women, according to the population (over 1.6 million people) and based on the latest amendments to the electoral law of the Iraqi parliament and provincial councils.
The predominantly Sunni province of Salahaddin, about 135 kilometers north of the Iraqi capital, once home for Saddam Hussein, is under the control of Iraqi Security Forces ISF including the Shia-led paramilitary Popular Mobilization Forces PMF, known as al-Hashid al-Shabi.
On December 12, Al-Sumaidaie announced that he would assume his duties in the council, in accordance with the administrative court order. However, the designated council chairman, Al-Karim, refused to hand over the position to Al-Sumaidaie until the appeal filed by the latter was finalized.
Photos depicted the Salah al-Din Provincial Council surrounded by military armored vehicles, amidst escalating disputes within the council. The situation escalated to the point of a building storming and armed conflict between two parties.
Earlier this month, Al-Karim reiterated his refusal to transfer the position to former president Al-Sumaidaie until the appeal process was completed. The dispute between the two parties revolved around the legality of the session that elected the council chairman. Al-Karim emphasized the importance of respecting the "will of the majority of representatives" and avoiding "provoking political conflicts and media disputes."
In a press conference, Al-Sumaidaie stated that Ali Al-Karim, who assumed the position during his dismissal, refused to hand over the position despite the mandatory decision of the Administrative Court.
Al-Sumaidaie considered Al-Karim's actions a violation of the law and vowed to seek legal recourse. On December 11, Al-Sumaidaie expressed surprise at council member Al-Karim issuing statements on behalf of the council presidency after the Administrative Court rejected his appeal.
Al-Sumaidaie clarified that the force that entered the council was an official force tasked with implementing the court's decision to reinstate him as the council head, dispelling rumors of affiliation with the PMF.
Al-Sumaidaie also emphasized Al-Karim's refusal to abide by judicial decisions and vacate the position was a sign of disrespect towards the judiciary and a violation of its final and binding decisions.
“This could set a dangerous precedent of disregarding any future judicial decisions, underscoring the importance of immediate compliance with legal decisions and procedures to uphold the administrative judiciary's prestige and its essential role in resolving administrative disputes.”
*This story was produced as part of the “Budget is Your Right” project, funded by the National Democratic Institute (NDI).