Mamadou Tandja - 2009 Constitutional Crisis

2009 Constitutional Crisis

In the run-up to the 2009 elections (presidential, Assembly, and municipal), a movement to draft President Tandja for a third term appeared. Led by public figures of the MNSD outside government, the group took the name of Tandja's 2004 re-election slogan, Tazartché: a Hausa word meaning "Continuity". Through several well funded and well attended public rallies in late 2008, the President remained silent on the calls for him to remain. The 1999 constitution made the serving of more than two terms impossible (article 36), and the revision of that article illegal by any means (article 136). Prime Minister Seyni Oumarou reiterated on 22 January that all scheduled elections would go ahead before the end of 2009. In March, during his meetings with French President Sarkozy, Tandja explicitly stated that he would not seek a third term.

Then, in early May 2009, when questioned by the press on his visit to Agadez to begin peace talks with Tuareg rebels, Tandja announced that "the people have demanded I remain." His spokesman then outlined a plan in which a referendum could be held in mid-2009, not to amend the 1999 constitution, but to scrap it and begin work on a constitution of the Sixth Republic of Niger, which would contain no term limits for the President, and create a fully presidential republic.

On 15 May 2009, in response to their parties' opposition to a proposed referendum to allow the President to seek a third term, the three members of RDP-Jama'a and ANDP-Zaman Lahiya were replaced with ministers drawn from the MNSD-Nassara. With the continued support of the CDS, the MNSD maintained a working majority of 67 seats in the 113-seat National Assembly.

According to the 1999 Constitution of Niger, the President may call a referendum on any matter (except for a revision of those elements of the Constitution outlined in Article 136—including the presidential term limits). The Constitutional Court of Niger and the National Assembly of Niger must advise the president, but there is no provision that the president must heed their advice. On 25 May 2009, the Constitutional Court, made up of appointed judges, released a ruling that any referendum to create a new constitution would be unconstitutional, and further would be a violation of the oath the president had taken on the Qur'an (a serious matter in Niger, which is overwhelmingly Muslim). The week prior, two major parties had come out in their opposition to the referendum proposal as well. On 13 May, the ANDP-Zaman Lahiya, led by Moumouni Adamou Djermakoye, declared its opposition to any change in the constitution. On 15 May the CDS-Rahama, the party without which the MNSD could not have formed governments in 1999, 2004, and 2007, came out opposing the referendum, and calling the constitution unalterable. Neither party moved into the opposition, and both Ousmane and Djermokoye said they were willing to negotiate with the president.

On 26 May, within hours of the Constitutional Court's statement, official media read out a statement that President Tandja had dissolved the National Assembly. Under the 1999 Constitution he is allowed to do this once every two years, but he must call parliamentary elections within three months. This would mean the government of Niger would carry out scheduled parliamentary elections in September, two months early, and a referendum on a new constitution before presidential elections which can take place no later than December, assuming the 1999 constitution is in effect.

Following a ruling by the Constitutional Court, this time binding, that the referendum could not go ahead, the President released a statement on 21 June saying he would forgo the referendum, at least for the near future. But on 24 June he released a further statement, demanding the court reverse its ruling. This was immediately (the 25th) followed by a previously postponed one day general strike by seven labor confederations, and the abandonment of his government by the CDS-Rahama party of Mahamane Ousmane.

On 27 June, President Tandja announced he was suspending the government and would rule by decree. On 27 June, the leader of the main opposition party, Mahamadou Issoufou, denounced what he called a coup, and called on Nigeriens to resist by all legal means, citing Article 13 of the 1999 Constitution which mandates officials to ignore "manifestly illegal orders".