CONSTITUTIONAL COURT SURPRISES RULING PARTY WITH

C O N F I D E N T I A L LIBREVILLE 000156 SIPDIS SIPDIS PARIS FOR AFRICA WATCHER E.O. 12958: DECL: 04/03/2017 TAGS: PGOV PHUM KDEM GB SUBJECT: CONSTITUTIONAL COURT SURPRISES RULING PARTY WITH ELECTION REVERSAL Classified By: CDA Katherine Dhanani. Reason: 1.4 ( ¶1. (U) On March 31 the Constitutional Court issued its final rulings on challenges to the results of the December 27, 2006 legislative elections. Sixteen elections were ruled invalid due to violations of election law, and voters in those constituencies will return to the polls at an unspecified future date. In three other constituencies, the Court found that violations of election law rendered invalid the results from specific polling places, but only two of these partial invalidations have the potential to affect the winner; in these two constituencies, voters from specific polling places will cast new ballots. The Constitutional Court released a statement sharply critical of the conduct of offending politicians from all parties. It said it had received compelling evidence of fraud, intimidation and violence; in the most egregious cases, candidates were ruled ineligible to compete for office for specified periods. ¶2. (U) Eight of the sixteen annulled elections had been awarded to the ruling Gabonese Democratic Party (PGD). Another five candidates allied with the PGD lost their seats. The biggest surprise was the rejection of the reelection of former Prime Minister Jean-Francois Ntoutoume Emane (PDG) in Libreville's fifth arrondissement. The Court found that in this constituency, results from a number of polling places were falsified, with enormous differences in the vote totals on official tallies held by opposition members and those turned in to the electoral commission. In addition, the Court found that supporters of Ntoutoume Emane bribed observers from other parties to stuff ballot boxes at certain locations. ¶3. (C) The Constitutional Court 's decisions came as a surprise to Gabonese, who have generally not credited the institution with much independence. Skeptics believe the Court waited for a green light from President Bongo before issuing its most controversial rulings; the last reversal announced was that of Ntoutoume Emane. It is also notable that the PDG, with more than two-thirds of total assembly seats, suffered only half the reversals. Nevertheless, the Court's willingness to shed light on some of the anti-democratic practices of Gabonese politicians should discourage these practices in the future, and bodes well for electoral transparency in Gabon. DHANANI