President Mamadou Tandja of Niger has invoked Article 53 of the 1999 Constitution and assumed emergency powers.
He made the announcement in a message to the nation last Friday.
The announcement raises some interesting constitutional issues. Art. 53 states; “If the National Assembly is not in session, it shall reconvene without need of sanction … In no case shall the National Assembly be dissolved during the exercise of exceptional powers. The National Assembly shall assess by an absolute majority of its members the duration of the exercise of exceptional powers and shall terminate it in case of abuse.”
The crisis in Niger has been provoked at least in part by the President’s inability to control the legislature. However, this article makes it clear that the legislature can terminate the powers if it wishes – a claim of abuse can always be generated. So, this decision may put the president and the Assembly on a collision course. Also, previously the President had dissolved the Assembly and called elections. However, the Article makes it clear that the Assembly must convene. Can a dissolved Assembly convene? If a dissolved Assembly convenes, is it still dissolved? These points are certainly justiciable and, in recent days, the Constitutional Court has refused to endorse the President’s actions. Indeed, in various African press articles, the Nigerien Constitution Council is being praised for standing up to the president.
The opposition is calling the announcement a coup d’état and, according to Jeune Afrique, has called on the army to disobey President Tandja.
It is worth noting that on Thursday the CDS party withdrew from the governing coalition. The CDS is the party of the former president, Mahamane Ousmane, who was overthrown in the coup in 1996. He was also an ally of President Tandja at the 1999 and 2004 presidential elections and was a real help in allowing the election of President Tandja. So, the decision to withdraw from the government is another sign of how few friends President Tandja has left.
Finally, it is also worth noting that the president’s party, the MNSD, which is the largest party in the country, split last week. Former prime minister, Hama Amadou, left to create his own party, the Mouvement Démocratique Nigérien pour une Fédération Africaine (MODENE/FALUMANA AFRICA). Hama Amadou was a major figure within the MNSD, but his new party does not seem to include many other key figures at present.