President Tandja Dissolves Constitutional Court, Names New

UNCLAS SECTION 01 OF 02 NIAMEY 000492

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E.O. 12958: N/A
TAGS: PGOV KDEM SOCI PREL NG
SUBJECT: President Tandja Dissolves Constitutional Court, Names New
Cabinet Members; Military Declares Non-Partisanship; Civil Society
Figure Arrested

Ref: Niamey 00484

NIAMEY 00000492 001.2 OF 002



1. (SBU) Summary: On June 29, President Tandja dissolved the
Constitutional Court, named eight new ministers, and had an
opposition civil society group leader arrested for alleged inciting
security and military forces not to obey unlawful orders. The armed
forces' spokesperson, in a message on state television (Tele-Sahel),
stated that the military would remain neutral and non-partisan and
urged politicians to pursue the path of dialogue and consultation.
End summary.

President Tandja Dissolves Constitutional Court
-------------- --


2. (SBU) On June 29, President Tandja issued a decree dissolving the
Constitutional Court and suspending relevant constitutional
provisions. These are important, as they determine the composition
of the court, court members' oath of office, and most notably, state
that, "The members of the Constitutional Court are irremovable
during their tenure." It goes on to state that, members cannot be
"prosecuted or arrested without the Constitutional Court's
authorization, except when caught in the act" of committing a
serious crime.


3. (SBU) According to the Presidential decree, a new constitutional
court will be established. It will be made up of three persons
"known for their integrity" and will be appointed by the President
himself. Three candidates will be proposed by the Minister of
Justice, to be approved by the President, and one additional member
must be a law professor. In addition, a president of the
constitutional court will be appointed by the President via a
decree, among the seven-member body.

President Tandja Appoints New Ministers
--------------


4. (SBU) On June 29, President Tandja appointed eight new members to
his cabinet. This comes in response to actions taken on June 25,
when the Democratic and Social Convention (CDS) party, the second
largest party of Niger's ruling coalition, announced that it would
withdraw its eight ministers from the 31-member cabinet. (Note:
Although Minister of National Defense Djida Hamadou is a CDS member,
he has not been replaced and has asked to remain in his current
position in a non-partisan capacity. End note.)


5. (U) The following is a list of new cabinet members:

-- Ahmed Boto (Population and Social Reforms);

-- Bakabe Mahamadou (Animal Resources - RDP);

-- Dr. Moussa Fatimata (Public Health);

-- Mahamane Taya Elhadji Katzelma Omar (Youth and Sports - PCP);

-- Moumouni Kogo (Water Resources - PDP);

-- Mamane Sani Abdourhamane (African Integration and Nigeriens
Abroad);

-- Diaroumey Ali Djibrilla (National Competitiveness and Fight
against the Rising Cost of Living); and

-- Salatou Ousseini (Promotion of Young Entrepreneurs and Public
Companies' Reform - Murna Farhan).

MOND Denounces Incitements, Declares Non-Partisanship
-------------- --------------


6. (SBU) On the evening of June 29, a Nigerien Armed Forces (FAN)
spokesperson appeared on national media on behalf of the Ministry of
National Defense to denounce "statements inciting defense and
security forces to disobedience." The statement reasserted the
armed forces' respect for the republic and their mission, as well as
its neutrality and non-partisanship. This statement follows recent
pronouncements inciting the security and defense forces to
disobedience (reftel). On June 28, the Front for the Defense of
Democracy (FDD),made up of political parties, labor unions, and
civil society organizations opposing the president's plans called

NIAMEY 00000492 002.2 OF 002


upon the nation's defense and security forces to refrain from
executing the president's "illegal orders."

Translation of Defense Official Statement
--------------


7. (U) The following is a translation of statement issued by the
defense officer:

(Begin text)

Following the recent pronouncements inciting the defense and
security forces to disobedience, the Ministry of National Defense
wishes to state:

1) The armed forces reaffirm their republican nature and their
entire preparedness to ensure their duties of preserving the
territorial integrity, protecting persons and property; and
safeguarding the republican institutions.

2) Bound by the duty of neutrality and discretion and for this
reason, the armed forces can neither be associated with any
political debate nor implicated in destabilizing actions.

3) Concerned about the national unity, the armed forces do not in
any way intend to serve any partisan interests.

Consequently, the armed forces ask the various actors to exclude
them once and for all from the political game. They urge them to
give priority to the path of dialogue and consultation, in order to
appease the situation. I thank you.

(End text)

President of FUSAD Arrested
--------------


8. (SBU) On June 29, Niamey police arrested Marou Amadou, president
of the United Front for the Protection of Democratic Gains (FUSAD),
an umbrella group of civil society organizations that has been
outspoken against President Tandja's move to change the constitution
to remain in power. According to reports, Amadou, who is being
detained at the Police Judiciare in Niamey, has been charged with
three crimes: 1) Inciting defense and security forces'
disobedience; 2) conspiracy against state authority; and 3)
attempting to undermine the army's morale. Earlier that day, Amado
appeared on private radio and TV station Dounia, lambasting
President Tandja for the dissolution of the Constitutional Court and
the president's decision on June 26 to assume exceptional powers.
(Note: The plug was pulled on Radio/TV Dounia in the mist of the
June 29 evening broadcast; to be reported septel.)


9. (U) Minimize considered.

Allen