Iraq’s Federal Supreme Court denies requests for emergency orders from Kirkuk council members

BAGHDAD — Iraq’s Federal Supreme Court has rejected two requests for emergency orders sought by Arab and Turkmen members of the Kirkuk Provincial Council. These orders aimed to block the decisions made during the council’s August 10, 2024 session, which resulted in the election of a new governor, Rebwar Taha, and council president.

The first petition, filed by Rakan Saeed Ali, the senior member of the Kirkuk Provincial Council, sought to suspend the session’s proceedings. The second, submitted by Hassan Turan Bahauddin Saeed, President of the Iraqi Turkmen Front, and Sawsan Abdul Wahed Shakir, aimed to halt the session’s outcomes.

In its decision, the Federal Supreme Court stated it denied the orders due to a lack of urgency and concerns that intervening would involve delving into the merits of the case, thereby preempting the court’s judgment on the main lawsuit.

This legal action follows months of political stalemate subsequent to last year’s elections. The session that elected Rebwar Taha was held in Baghdad and was attended by nine out of sixteen council members: five from the Patriotic Union of Kurdistan, three from Arab blocs, and one Christian representative. However, the session was boycotted by seven council members including two from the Kurdistan Democratic Party (KDP), three from the Arab Alliance, and two from the Turkmen Front, underscoring deep political divisions.

Rakan Al-Jabouri, the former acting governor and a senior member of the Arab Alliance, criticized the session as a “historic insult” to the Arab community. He declared that Arab Alliance members were neither informed nor involved in the session planning, and vowed to use all legal and judicial means to obtain their due rights.

The Turkmen Front has also expressed dissatisfaction with the session’s legality, planning to challenge it in court. They argue that the session, which was conducted without the involvement of the senior council member as required by law, contravenes the principles of harmony and coexistence between communities. They emphasized, “The issue of Kirkuk cannot be resolved by distributing ranks and positions. What has happened is a clear and explicit violation of the law.”

The Kurdistan Democratic Party labeled the meeting “illegal and problematic”, criticizing it for excluding key parties and being conducted improperly. “The meeting was held without notifying all parties and in the absence of Turkmen representatives, some Arab members, and the KDP,” they stated in a release on August 12.

Rebwar Taha officially assumed the governorship on Aug. 13, after receiving the presidential decree confirming his appointment from Iraqi President Abdul Latif Jamal Rashid at Baghdad’s Salam Palace.