OPINION

Face of Truth: The Constitutional Court and the Cases of Delayed Justice..!

Ibrahim Shglawi

The fate of justice in Sudan cannot be separated from the role of the Constitutional Court, the highest judicial institution, whose presidency has remained vacant for more than six years since 2019. This has paralyzed the entire justice system and left thousands of cases unresolved.

Among the most prominent cases is that of the employees of the Dams Implementation Unit, who are still awaiting a ruling that grants them justice after being arbitrarily dismissed under the pretext of “restructuring”—a policy that was selectively applied to them alone. This stands as one of the most disgraceful legal violations, which will continue to stain the professional and moral records of those responsible.

The rule of law that Sudanese people aspire to is not mere slogans but principles and a reflection of the supremacy of the law over everyone without exception. Justice should be the arbiter, and fairness the foundation of every relationship between the state and its citizens. Freedoms that are shielded by the law—such as freedom of expression, press, and peaceful protest—can only be achieved through effective and independent judicial institutions capable of protecting these rights and enforcing the law in form and substance.

There are profound lessons to be drawn from the experiences of some countries. Rwanda, for example, emerged from a devastating civil war to build a state based on a strong legal system that restored stability and growth, becoming one of the icons of African renaissance. Conversely, Singapore—after being plagued by corruption—managed to invest in independent judicial institutions to transform itself into a thriving global economic center, despite its limited resources.

In Sudan, the case of the Dams Implementation Unit employees clearly reveals the extent of failure in upholding the rule of law. They were arbitrarily dismissed without legal justification and have waited for years for justice, which has been absent due to the suspension of the Constitutional Court and the effects of the COVID-19 pandemic. This absence is not only a personal injustice but also a deep institutional crisis fueled by political disputes and legal interference, which have undermined the chances of building the civil state that Sudanese people aspire to.

The situation becomes more complicated with the contradictions in the constitutional document and the political agreements signed to establish peace, making the existence of a functional Constitutional Court an absolute necessity. Sudanese citizens are looking forward to the Court reviving the 2005 Constitution, after revising the provisions related to South Sudan, as it is one of the most widely accepted constitutions among political forces and experts for the freedoms it enshrined and its mechanisms for peaceful power transfer and managing diversity.

Empowering the Constitutional Court to perform its duties independently and effectively—free from politicization—is a real test of the government’s and political forces’ will to restore public trust in state institutions. The absence of justice opens the door to chaos, fuels conflicts, and obstructs the path of development and peace.

The constitutional decree issued by the President of the Sovereignty Council, General Abdel Fattah Al-Burhan, appointing Justice Wahbi Mohamed Mukhtar as President of the Constitutional Court, is a first step that must be followed by fundamental reforms. These include completing the formation of the Court, ensuring its independence, enhancing the efficiency of the judiciary, and providing a political environment that clearly and firmly supports the rule of law. Here lies the historical opportunity for Sudanese leadership to build a civil state that respects rights and freedoms and places justice at the forefront of its priorities.

Reviving the role of the Constitutional Court requires strong political will and a stable environment that protects judicial independence and makes constitutional justice a cornerstone of the new political structure. If this step is accompanied by wide legislative and executive reforms, it may be the true starting point toward a democratic civil state based on the rule of law and respect for human rights.

According to #Face_of_Truth, justice is not merely a legal reasoning or an administrative dispute—it is a mirror of the state’s maturity and its ability to achieve peace and development. Sudan’s experience in this matter is a test for the future of a nation whose people aspire to live under a law that protects them, guarantees them freedom of expression, dignity, and quality public service. Constitutional justice is not a luxury—it is a prerequisite for building the new Sudan on the foundations of law, freedom, and justice.

Wishing you wellness and peace.

Tuesday, August 2, 2025

Shglawi55@gmail.com