Identifier
Created
Classification
Origin
09NIAMEY376
2009-05-26 17:04:00
UNCLASSIFIED
Embassy Niamey
Cable title:
Constitutional Court Finds Against President Tandja's Move
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TAGS: PGOV ASEC PTER SOCI KDEM PHUM NG
SUBJECT: Constitutional Court Finds Against President Tandja's Move
for Constitutional Referendum
UNCLAS NIAMEY 000376
C O R R E C T E D C O P Y - PASS ADDRESS ADDED
DEPT FOR AF/W AND AF/RSA
DEPT PASS TO TSCTP COLLECTIVE
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ACCRA ALSO FOR USAID/WA
PARIS FOR AFRICA WATCHER
SIPDIS
E.O. 12958: N/A
TAGS: PGOV ASEC PTER SOCI KDEM PHUM NG
SUBJECT: Constitutional Court Finds Against President Tandja's Move
for Constitutional Referendum
1. On May 25, the Constitutional Court issued a non-binding opinion
against President Tandja's proposal for a constitutional referendum
to eliminate presidential term limits. The Court stated, "If the
President decides to maintain his status as leader of the country
beyond the limits of his term, it would not be in conformity with
the constitution." The Court went on to declare that "If he
continues with this plan, despite the ruling, it would be done in
violation of his oath of office."
2. The Court was unsupportive of President Tandja's argument that it
is the "people" who demand that he stay in power, observing, "The
people is not a group of citizens, but rather the citizens
altogether." The Court also issued a statement regarding Article 49
of the Constitution, which stipulates that the President must seek
the advice of the Constitutional Court and the National Assembly
before subjecting the Constitution to a referendum. The Court
stipulated that Article 49 cannot serve as the foundation for a
change to the Constitution.
3. Comment: According to the GON, however, the Constitutional
Court's ruling is just an opinion, and therefore is non-binding. It
is too early to tell what effect the Court's decision will have on
President Tandja's plan for a referendum. On May 26, President
Tandja dissolved the National Assembly (to be reported septel). End
comment.
4. Minimize considered.
ALLEN
C O R R E C T E D C O P Y - PASS ADDRESS ADDED
DEPT FOR AF/W AND AF/RSA
DEPT PASS TO TSCTP COLLECTIVE
PLS PASS TO USAID FOR AFR/W
ACCRA ALSO FOR USAID/WA
PARIS FOR AFRICA WATCHER
SIPDIS
E.O. 12958: N/A
TAGS: PGOV ASEC PTER SOCI KDEM PHUM NG
SUBJECT: Constitutional Court Finds Against President Tandja's Move
for Constitutional Referendum
1. On May 25, the Constitutional Court issued a non-binding opinion
against President Tandja's proposal for a constitutional referendum
to eliminate presidential term limits. The Court stated, "If the
President decides to maintain his status as leader of the country
beyond the limits of his term, it would not be in conformity with
the constitution." The Court went on to declare that "If he
continues with this plan, despite the ruling, it would be done in
violation of his oath of office."
2. The Court was unsupportive of President Tandja's argument that it
is the "people" who demand that he stay in power, observing, "The
people is not a group of citizens, but rather the citizens
altogether." The Court also issued a statement regarding Article 49
of the Constitution, which stipulates that the President must seek
the advice of the Constitutional Court and the National Assembly
before subjecting the Constitution to a referendum. The Court
stipulated that Article 49 cannot serve as the foundation for a
change to the Constitution.
3. Comment: According to the GON, however, the Constitutional
Court's ruling is just an opinion, and therefore is non-binding. It
is too early to tell what effect the Court's decision will have on
President Tandja's plan for a referendum. On May 26, President
Tandja dissolved the National Assembly (to be reported septel). End
comment.
4. Minimize considered.
ALLEN