President Tandja Assumes Emergency Powers, Opposition Calls

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E.O. 12958: N/A
TAGS: PGOV KDEM SOCI PREL NG
SUBJECT: President Tandja Assumes Emergency Powers, Opposition Calls
for His Resignation

Ref: Niamey 00477

NIAMEY 00000484 001.2 OF 002



1. (U) Summary: On June 26, President Mamadou Tandja announced he
would assume emergency powers and rule by decree. This came on the
heels of the June 26 re-assertion by the Constitutional Court of the
illegality of a proposed constitutional referendum to permit
President Tandja to remain in power for three years and eliminate
presidential term limits. The Front for the Defense of Democracy
(FDD),a grouping of civil society, labor unions and political
parties, has called the president's decision a "coup" and demanded
his immediate resignation. Tandja remains defiant, and members of
his Government have declared that both the legislative elections and
constitutional referendum will go on as planned. End summary.

President Tandja Invokes Article 53
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2. (U) On June 26, following the Constitutional Court's re-assertion
of its June 12 ruling (reftel) that the proposed constitutional
referendum was illegal and the June 19 failed meeting of the Council
of the Republic, President Mamadou Tandja announced that he would
assume emergency powers. During a nation-wide radio and television
broadcast on the Tele-Sahel evening news, President Tandja declared
he was obliged to invoke Article 53 of the constitution to take
extraordinary executive measures to "ensure the continuity of public
services through the issuance of ordinances and decrees."

Translation of Niger's Constitution: Article 53
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3. (U) The following is a translation of Article 53 of the current
constitution:

(Begin text)

When the institutions of the Republic, the independence of the
Nation, the integrity of the national territory, or the
implementation of international commitments are threatened in a
serious and immediate manner and that regular functioning of
constitutional public authorities is interrupted, the President of
the Republic shall take exceptional measures as required by these
circumstances after consulting the Prime Minister, the President of
the National Assembly, the President of the Constitutional Court,
and the President of the Supreme Court.

He then informs the Nation via an address. The National Assembly
convenes ipso jure when it is not in session. It cannot be
dissolved during the execution of exceptional powers.

These measures shall be inspired by the will to provide
constitutional public authorities, in a minimal time frame, with the
means of accomplishing their mission.

The National Assembly shall assess, to the absolute majority of its
members, the duration for the execution of exceptional powers, and
terminate them in case of abuse.

(End text)

Conditions of Article 53 Are Not Met
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4. (U) It is clear that all of the necessary conditions to invoke
Article 53 have not been met; such would require that the opinions
of the presidents of the Constitutional Court, Supreme Court, and
National Assembly be considered, which has not occurred.
Furthermore, because President Tandja dissolved the National
Assembly on May 25, there is no legislative body available to assess
the situation and consent to conferring exceptional powers, which
the constitution clearly requires.

Opposition Group Calls for Presidents' Resignation
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5. (U) On June 27, the FDD issued a statement in which it said that
the president's decision was tantamount to a coup. The FDD
denounced the president's bid as yet another violation of the
constitution, and stated that the president was liable to
application of Article 42.2-3 of the constitution, which concerns
impeachment, and demanded his immediate resignation. In addition,

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FDD called upon defense and security forces to refrain from
executing the president's "illegal orders" as provided by Article 13
of the constitution and its implementing laws.

Niger's Minister of Interior Responds
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6. (U) On June 28, the Minister of Interior, Public Security and
Decentralization, Albade Abouba, who holds rank as minister of
state, responded that the opposition was not qualified to request
the resignation of the president. He added, "It was a slip of the
tongue." Albade said, however, that "those who made such a
statement would bear responsibility thereof and assume the
consequences of their acts." Asked about the president's plans for
a referendum in order to remain in power, Albade stated that the
referendum will take place on August 4, as planned. When reminded
that the CENI had removed the referendum from its timeline in
compliance with the Constitutional Court's ruling, Albade retorted
that the CENI organizes elections when asked by the government, but
did not have the authority itself to determine the schedule of
elections. When questioned as to whether a civilian coup d'etat had
occurred, Albade responded to the effect that if the constitution
permits a coup d'etat then so be it.

Comment
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7. (SBU) President Tandja appears to be enacting the final stages of
his plan to remain in power by riding roughshod over the
constitution, political parties, civil society, and the nation's
largely illiterate populace. He has failed to apply Article 53
fully, and has used portions to justify his assumption of emergency
powers. President Tandja's continued manipulation of the
constitution is not a surprise, but reflects the weakness of his
political position. On June 29, African Union (AU) Chairman Jean
Ping said that the AU had sent a delegation to Niger to reflect its
grave concerns about the situation in Niger. President Tandja's
plan for a constitutional referendum has already received
condemnation from members of his own ruling political party, the
Economic Community of West African States (ECOWAS),the
international community, and most importantly, a large segment of
the Nigerien people. End comment.


8. (U) Minimized considered

Allen