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