Head of Supreme Court expected to be replaced soon

The head of Iraq’s Federal Supreme Court (FSC), Jasim Al-Omayri, is expected to be replaced soon, according to Iraq Horizons analysis, following an internal crisis that culminated in the mass resignation of nine of the court’s judges.

The current debacle was ostensibly triggered by a June 17 letter that Omayri sent to Parliament Speaker Mahmoud Al-Mashhadani, in which he called for a meeting of heads of state institutions, to be held in the presence of leaders of the Idarat al-Dawla governing coalition, in order to resolve outstanding legal disputes over the FSC’s jurisdiction. Omayri added that he would take into consideration the outcome of the discussions. In a response letter, however, Mashhadani declined the invitation, citing Article 87 of the constitution and arguing that the meeting risked political interference in judicial matters. Omayri’s letter appears to have then prompted the mass resignation of judges who viewed the move as a dangerous precedent.

But beneath this public fallout lies a deeper crisis. Judges within the court have expressed longstanding dissatisfaction with Omayri’s leadership style and with his strained relationship with Faeq Zaydan, the influential head of the Supreme Judicial Council. Iraq Horizons has learned that, following the resignations of nine judges, Omayri himself submitted a formal request for retirement. That request is now under review by Zaydan and a decision is expected early next week.

The FSC is governed by Order Number 30 of 2005, issued by former interim Prime Minister Ayad Allawi under the Transitional Administrative Law. The law was amended in 2021 to shift the appointment process away from the now-defunct Presidency Council. Under the revised procedure, FSC judges are nominated through a collective decision made by the heads of the Supreme Judicial Council, the Public Prosecutor’s Office, the Judicial Oversight Authority, and the head of the Federal Supreme Court himself. These nominations are sent to the President of the Republic, who is required to issue a formal decree within 15 days. However, the legal framework does not lay out a clear mechanism for how agreement is reached among the selectors.

It is highly probable that Zaydan will use his position of influence to approve Omayri’s retirement, which in turn could prompt the nine judges to withdraw their resignations. While it is unclear who would replace Omayri as the head of the FSC, one possibility is the current deputy head, Judge Sameer Abbas.

Reestablishing stability within the court is essential in the lead-up to the parliamentary elections scheduled for November. The court is responsible for ratifying election results and played a polarizing role during the last government formation process through a series of controversial rulings. If the institution can be brought back into alignment with constitutional norms, it may help avoid the kind of gridlock that has previously hampered post-election transitions.