By Zakarie Hassan - Reporter
Somalia, 8 April 2026 – Somalia’s Attorney General office said it is still reviewing the case of a female Tuk Tuk driver arrested last month for social media posts intended to incite the public.
Sadia Ali Hassan was arrested by police in April, according to reports, and remains in custody. She faces charges of defamation and public incitement.
In a statement on Wednesday, the AG's office said prosecutors will present the case in court after the review is complete.
The AG's office, however, did not publicly specify the exact remarks, posts or other materials forming the basis of the case against Sadia.
Under the Somali Penal Code, which was issued in 1962, the term “public incitement” does not appear as a standalone phrase, but it is closest to provisions dealing with the protection of public order. Article 321, titled Incitement to disobey the law, refers to publicly encouraging people not to comply with laws related to public order, or stirring hatred among sections of society. The article provides for a prison sentence of between six months and five years.
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Another relevant provision is Article 320, titled Incitement to commit unlawful acts. It covers publicly encouraging another person to commit one or more criminal offences. If the incitement relates to the commission of a crime, the penalty can be imprisonment from one to five years.
If the allegation relates to false, alarming or exaggerated information that could disturb public calm, Article 328 may also be relevant. That article addresses the publication or spread of false, alarming or exaggerated news that may disrupt public order, punishable by imprisonment of up to six months or a fine.
The allegation of “defamation” falls under provisions dealing with offences against personal honour. Article 452, titled Defamation, refers to communicating to several people a statement or information that damages another person’s reputation. The article provides for imprisonment of up to one year or a fine, if the victim requests prosecution. If the reputational harm is spread through newspapers or other media, the penalty can rise to between six months and three years in prison, or a fine.
A related provision is Article 451, titled Insult. It covers insults against another person’s honour and dignity through words, actions, writings, images, telephone communication or direct messages addressed to that person.
Under Article 1 of the Somali Penal Code, no one may be punished for an act unless the law clearly defines it as a crime and sets out its punishment. This means the final legal classification of the case will depend on the evidence, the specific remarks or materials under investigation, and how prosecutors present the case before the court.