The 2009–2010 Nigerien constitutional crisis occurred in Niger due to a political conflict between President Mamadou Tandja and judicial and legislative bodies regarding the Constitutional referendum that opponents claimed was an attempt to extend his mandate beyond the constitutional maximum. It was held on 4 August 2009 before a parliamentary election which was mandated to take place by 26 August 2009. The crisis eventually led to a coup d'état by military leaders who overthrew President Tandja and formed a ruling junta.
President Tandja dissolved the National Assembly of Niger on 26 May 2009 due to strong opposition from the National Assembly, civil society groups, and the courts regarding his referendum proposal. The Constitutional Court of Niger ruled on 12 June 2009 on a case brought by opposition deputies from the National Assembly that the proposed referendum was unconstitutional, and on 21 June 2009 the President announced he would not seek the 20 August vote. He left open the possibility he would propose future constitutional changes before the end of his mandate., AFP, 12 June 2009.Le président Tandja renonce à son projet de référendum. Radio France International. 21 June 2009 On 26 June 2009 the President then dissolved the courts and announced he was assuming emergency powers.
His ministers then announced the 4 August referendum would go forward, despite previous refusals of courts, political parties, and the independent electoral commission to carry out the election.. Reuters. 28 June 2009.
Campaign for presidential term extension
The proposal for a referendum was first floated in May 2009. Beginning in late 2008, several supporters of President Tandja began a campaign to extend his term of office.Le Président Tandja reste muet sur les appels en faveur d’une prolongation de son mandat. APA 19 December 2008 Opposition from political opponents was swift, with dueling marches in Niamey in December 2008. Supporters of Tandja to the slogan of his 2004 re-election campaign, "Tazarché", which means "Continuation" or "Continuity" in Hausa: supporters were quickly dubbed "Tazarchistes" and opponents "Anti-Tazarchistes".Des Nigériens manifestent pour la mise en place d’une transition politique de trois ans dans leur pays. APA 21 December 2008Demande de prolongation de trois ans du mandat du président Tandja. AFP 21 December 2008 Demonstrations were held throughout Niger, while political committees were created, headed by supporters of Tandja outside government. The Tazarche committee was headed by Niamey politicians Boubacar Mazou and Anassara Dogari,ANNONCE DU RÉFÉRENDUM Le planning du Tazartché . Oumarou Keïta. Republicain-Niger. 15 May 2009.RÉFÉRENDUM CONSTITUTIONNEL Une présidence à vie s'annonce ! Oumarou Keïta. Republicain-Niger. 15 May 2009. and Tahoua based businessman Aboubacar Dan DubaïMeeting de la coordination nationale Tazartché de Niamey à la Place Toumo : attachement et soutien au Président Mamadou Tandja pour l'organisation d'un référendum. Mayaki Soumaila Seydou, Le Sahel. 11 May 2009. In January the Prime Minister asserted that all elections would go on as scheduled, including the presidential election, which by law must take place before 22 December 2009, the five-year anniversary of Tandja's second five-year election as president. 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.Niger Plans Election by December, Prime Minister Says. Abdoulaye Ibbo Daddy, Bloomberg news. 22 January 2009.
In March, during his meetings with French President Sarkozy, Tandja explicitly stated that he would not seek a third term. Niger : " Je suis prêt à partir à la fin de mon mandat ", affirme le Président nigérien . APA 28 Mars 2009 11:34
" je ne cherche pas un autre mandat. Donc je suis très clair là-dessus, je n’ai demandé à aucun nigérien si on peut faire ceci ou cela. Jamais, et je n’ai jamais demandé quoi que ce soit pour changer la constitution nigérienne ou à y chercher des modifications "
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."Le président de la République Mamadou Tandja: "Le peuple demande que je reste, je ne peux pas rester insensible à son appel.". LE TEMOIN 4–8 May 2009. Thereafter it was announced he would seek a referendum to scrap the current constitution and create the Sixth Republic of Niger.
A series of protests followed, led by opposition party PNDS-Tarayya, but crucially containing a number of parties which had previously supported the government. These included the CDS, a party which enabled the ruling MNDS to form a majority in the National Assembly. The CDS announcement of opposition—-the last of the major parties to weigh in on the plan—on also left the President open to National Assembly votes to sanction him, or bring down the current government.Le principal parti allié de Tandja contre son projet de référendum . AFP 15 May 2009.Declaration du Bureau Politique CDS Rahama sur le schéma " Tazartché " proposé au président de la république. Bureau Politique CDS-Rahama. 15 May 2009. In 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. The CDS continued to support the government while opposing the referendum plan. AFP 15 May 2009
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 Koran (a serious matter in Niger, which is overwhelmingly Muslim).Niger court says third-term referendum unlawful. Reuters. 26 May 2009La Cour constitutionnelle du Niger s’oppose au projet de changement de constitution APA News. 25 May 2009. 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.Ousmane et Djermokoye espèrent toujours l’ouverture des négociations avec Tandja . LE TEMOIN du 11 au 15 mai 200
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.Niger's Tandja dissolves parliament. Reuters. 26 May 2009 Under the 1999 Constitution he is allowed to do this once every two years,Matthew Søberg Shugart. Semi-Presidential Systems: Dual Executive and Mixed Authority Patterns . School of International Relations and Pacific Studies. University of California, San Diego (September 2005). but he must call parliamentary elections within three months.
Referendum plan
The full details of the referendum proposal were not finalized, but elements of the proposed constitution were outlined by government spokesmen and by a commission set up by the president to draft a proposed document. Tandja would extend his term for a transitional mandate of three years, during which a new constitution would be written and approved. The system of government would be changed from a semi-presidential system to a full presidential system, which Tandja claims is more stable. There would be no limit to presidential terms, and a bi-cameral legislature would be created with an upper house, the Senate.
Chronogramme Tazartché: Bonus de 3 ans pour Tandja, Elections locales et législatives en 2009, Elections présidentielles (auxquelles Tandja pouvait participer) en 2012. LE TEMOIN du 11 au 15 mai 2009 ALa Cedeao contre la réforme constitutionnelle prévue au Niger . Deutsche Welle. 15 May 2009.
On 5 June, the President and the Council of Ministers of Niger approved plans for the referendum, titled Referendum on the Project of the VIth Republic. Campaigning would take place from 13 July 2009 to 2 August 2009. The President established a commission to create a draft constitutional law upon which the population would vote. The Independent National Electoral Commission (CENI) was ordered to oversee preparations for voting. Electors would be able to choose "yes" or "no" to the text "Do you approve of the Constitutional project submitted for your assent?"Original text: "Approuvez-vous le projet de Constitution soumis à votre sanction ? "Au conseil des ministres : le corps électoral convoqué pour le mardi 4 août 2009 - la campagne référendaire ouverte le lundi 13 juillet 2009 à 00 heure et close le dimanche 2 août 2009 à 24 heures . Le Sahel, Government of Niger. 8 June 2009.
Protests Large opposition rallies were held in May and June, attended by a broad coalition of political parties, civil society groups and trades unions. These included Former Prime Ministers Hama Amadou and Mahamadou Issoufou, former president and current President of the Assembly Mahamane Ousmane, and former President of the Assembly and party leader, Moumouni Adamou Djermakoye.PREMIERE JOURNEE ANTI- TAZARTCHE (JAT)...NIAMEY LE 09 MAI 2009. CEN-PNDS.TARAYYA. 10 May 2009.Niger: grande manifestation à Niamey contre une nouvelle constitution. AFP. 10 May 2009.Démonstration de force des anti-Tazartché: et retour en force des pro-Hama . A.T& I.S.G LE TEMOIN du 11 au 15 mai 2009 Moumouni Djermakoye died of a heart attack during the second of these rallies, on 14 June.. Reuters. Sun 14 June 2009. These were followed by a threatened general strike of all seven of the main Nigerien trades union bodies, the first time these groups had announced a joint strike action. On 31 May a pro-referendum rally at the Governor's residence in the southern town of Dosso was attacked by a mob, and rioting lasted for several hours in the city center.Niger anti-referendum protests turn violent. Adboulaye Massalatchi, Reuters. 1 June 2009 Opposition was also voiced by the governments of the United States, Canada, the Economic Community of West African States (ECOWAS), and the President of Niger's neighbour and regional power Nigeria.Region warns Niger's leader on plan to keep power. Reuters. 18 May 2009. ECOWAS threatened economic sanctions should Niger change the constitution within six months of a national election,Niger court annuls constitutional referendum plan. Adboulaye Massalatchi, Reuters. 12 June 2009 sent a commission led by the Nigerian President to consult with Niamey, and placed Niger on its upcoming meeting agenda, beside the coups in Guinea-Bissau, Guinea, and Mauritania.Niger's president seeks to change constitution. Adboulaye Massalatchi, Reuters. 1 June 2009