President Tandja Names New Constitutional Court, Sets Date

UNCLAS NIAMEY 000503

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E.O. 12958: N/A
TAGS: PGOV KDEM SOCI PREL NG
SUBJECT: President Tandja Names New Constitutional Court, Sets Date
for Referendum; Election Commission Member Resigns

Ref: a) Niamey 00492, b) Niamey 00495

President Tandja Appoints Constitutional Court Members
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1. On July 2, President Mamadou Tandja signed a decree appointing
both the president and members of a reconstituted Constitutional
Court. This falls subsequent to actions taken on June 29, when
President Tandja issued a decree dissolving the Constitutional Court
and suspending relevant constitutional provisions (ref A).


2. The following is a list of the new Constitutional Court members:

-- Boubey Oumarou, President (a former Minister of Justice and a
former President of the Supreme Court);

-- Mrs. Moulaye Zainabou (a former minister);

-- Lirwana Abdourahamane (lawyer, member of political party
supporting the president);

-- Sissoko Mory (judge);

-- Ory Hama (judge);

-- Ibrahim Boubacar Zakaria (judge and president's nephew); and

-- Dr. Abdoulkarim Dodo Boukary (law professor and Advisor to the
President).

Opposition and Civil Society Organizations Respond
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3. Opposition parties and civil society organizations denounced the
president's latest action as yet another violation of the
Constitution, and view the new court as a special jurisdiction
outside the rule of law. They stated no intent to recognize the new
court, and maintained that only the former court has legitimacy.
Observers of the political scene criticized these appointments as no
more than a move by the president to have the court at his service.


President Tandja Fixes Date for Referendum
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4. On July 3, the Government of Niger announced on Tele-Sahel (the
state television) that President Tandja has fixed August 4 as the
date for a constitutional referendum. If passed, it would permit
him to extend his time in office by three years and eliminate
presidential term limits. According to the statement, the campaign
for the referendum will begin on July 13 and close on August 2.

Election Commission Spokesman Resigns
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5. On July 4, Marou Amadou, who had gained liberty from his June 29
detention (ref B) on July 2, announced his resignation as spokesman
and member of the Independent National Electoral Commission (CENI).
Marou, spokesman of the Front for the Defense of Democracy (FDD) and
president of opposition group United Front for the Defense of
Democracy (FUSAD) stated he resigned to remain faithful to the
application of the constitution.

Allen