Niger is a landlocked country in Africa, bordering Libya, Chad, Nigeria, Benin, Burkina Faso, Mali, and Algeria. The population of this country is approx 2,53,96,000 with 12,67,000 square kilometers area. Besides, the Arabic, Buduma, Fulfulde, Gourmanchéma, HausaKanuri, Zarma, Songhai, Tamasheq, Tassawaq, Tebu languages are used as the National languages. Ethnographically Niger is inhabited by a lot of communities. About 53% are members of the Hausa community, which is the largest ethnic community. More than 99% are Muslims.
Coups, counter-coups and failed coups are the history of Niger. However, Niger's current constitution is quite democratic. Although this constitution was created under the auspices of the military that came to power through a coup d'état on 18 February 2010. Pursuant to Article 185 of this democratic constitution, the perpetrators of the 2010 coup were granted immunity. Almost 13 years later, another successful coup took place on 26 July 2023, although the current constitution was not declared null and void. Today's discussion is about this unrepealed constitution.
According to Niger's constitution, regionalism, racism, ethnocentrism, sectarianism are prohibited, punishable offences, and the establishment of any political party based on them is prohibited. Every person has the right to the enjoyment of the optimum state of physical and moral health. No one has to execute illegal orders. The President or his Cabinet may not purchase or lease any property owned by the State while in office. If Parliament fails to pass the annual budget, the President is able to do so through an ordinance.
These are positive aspects. Now let's discuss the negative aspects. The existence of God is acknowledged, even oaths are to be taken in God's name.
The literacy rate of Niger is among the lowest in the world; in 2005 it was estimated to be only 28.7% (42.9% male and 15.1% female). Niger also has the highest fertility rate in the world (6.49 births per woman according to 2017 estimates). The Nigerian constitution does not say much about these sort of important issues.
Admirable Articles of Niger's Constitution
Article 4 (Part of it)
In the exercise of the power of the State, personal power, regionalism, ethnocentrism, discrimination, nepotism, sexism, the clan spirit, the feudal spirit, slavery in all its forms, illicit enrichment, favoritism, corruption, racketeering and the influence-trafficking are punished by the law.
Article 8 (Part of it)
All particularist propaganda of a regionalist, racial or ethnic character, all manifestation of racial, social, sexist, ethnic, political or religious discrimination, are punished by the law.
Article 9 (Part of it)
The political parties with an ethnic, regionalist or religious character are prohibited. No party may be knowingly created with the purpose of promoting an ethnic group, a region or a religion, under penalty of the sanctions provided by the law.
Article 12
Each one has the right to life, to health, to physical and moral integrity, to a healthy and sufficient food supply, to potable water, to education and instruction in the conditions specified by the law.
The State assures to each one the satisfaction of the essential needs and services as well as a full development.
Each one has the right to freedom and to security within the conditions defined by the law.
Article 13
Every person has the right to enjoy the best state of physical and moral health.
The State sees to the creation of the proper conditions to assure to all, medical services and medical assistance in the case of illness.
The law determines the modalities for implementing this provision.
Article 15
No one is required to execute a manifestly illegal order.
The law determines the order manifestly illegal.
Article 17
Each one has the right to the free development of his personality in its material, intellectual, cultural, artistic and religious dimensions, provided that he does not violate the rights of others, or infringe the constitutional order, the law or morality.
Article 18
No one may be arrested or charged except by virtue of a law that entered into force prior to the acts alleged against him.
Article 19
The laws and regulations only have retrospective effect so far as they concern the rights and advantages that they may confer to the citizen.
Article 23
Parents have the right and duty to raise, educate and protect their children. Descendants have the right and duty to assist and help the ascendants. Both are supported in this task by the State and the other public collectivities.
The State and the other public collectivities, through their public policies and their actions, see to the promotion and to the access to a quality, gratuitous and public education.
Article 26
The State sees to the equality of opportunities for handicapped persons with a view to their promotion and/or their social reintegration.
Article 41
The Public assets are sacred and inviolable. Every person must respect them and protect them scrupulously. Any act of sabotage, of vandalism, of corruption, of diversion, of squandering, of money laundering or of illicit enrichment is punished by the law.
Article 52
During his mandate, the President of the Republic may not, either by himself or by others, purchase or lease anything that belongs to the domain of the State or to its separated parts.
He may not take part, either by himself or by others, in the public and private markets of the State and of its separated parts.
The provisions of this Article are extended to the Presidents of the Institutions of the Republic, to the Prime Minister, to the members of the Government and to the Deputies.
Article 93
The sittings of the National Assembly are public.
A complete record of the debates is published in the Official Gazette.
At the request of the Prime Minister or of one-third (1/3) of the Deputies, the National Assembly may sit in closed session.
Article 114
The National Assembly is referred to of the bill of the law of finance from the opening of the budgetary session; the bill of the law of finance must specify the receipts necessary for the complete coverage of the expenses.
The National Assembly votes the budget in equilibrium.
If the National Assembly has not decided within sixty (60) days of the presentation of the bill, the provisions of this bill can be put into force by ordinance.
The government refers, for ratification, to the National Assembly convoked in extraordinary session, within a time period of fifteen (15) days.
If the National Assembly has not voted the budget at the end of this extraordinary session, the budget is definitively established by ordinance.
If the bill of the law of finance could not be presented in a timely fashion to be promulgated before the beginning of the fiscal year, the Prime Minister demands of urgency of the National Assembly the authorization to continue to receive the taxes and to continue with expenditures, the budget of the preceding year by provisional twelfths.
Facts of Niger's Constitution
Article 47 (Part of it)
The President of the Republic is elected by universal, free, direct, equal and secret suffrage for a mandate of five (5) years, renewable one (1) sole time.
No one is eligible to the Presidency of the Republic if he does not enjoy a good state of physical and mental health, as well as of a good morality attested by the competent services.
Article 50
Before entering into [his] functions, the President of the Republic takes an oath on the Holy Book [Livre Saint] of his confession before the Constitutional Court, in the presence of the members of the National Assembly, in these terms:
"Before God and before the sovereign Nigerien People, We ..., President the Republic, elected according to the laws, solemnly swear on the Holy Book [Livre Saint]:
● to respect and to have respected the Constitution that the People have freely given to themselves;
● to loyally fulfill the high functions with which we have been invested;
● to never betray or to misrepresent the aspirations of the People;
● to respect and to defend the republican form of the State;
● to preserve the integrity of the territory and the unity of the Nation;
● to respect and to defend the rights and freedoms of the citizens;
● not to take or to be guaranty [cautionner] for any measures degrading [avilissante] the human dignity;
● to see to the neutrality of the administration and to the respect for the texts that establish [consacrent] its depolitization;
● to work tirelessly for the happiness of the People;
● to spare no effort for the realization of African Unity;
● to conduct ourselves in all [things] as faithful and loyal servant of the People;
In the case of perjury, may we suffer the rigors of the law.
May God help us."
The oath is received by the Constitutional Court.
Article 124
Before entering into [their] functions, the members of the Constitutional Court take an oath on the Holy Book [Livre Saint] of their confession before the President of the Republic in these terms:
"I swear to well and faithfully complete my
functions, to exercise them with total impartially within the respect
for the Constitution and with total independence, to keep the secrecy of
the deliberations and the votes, not to take any public position and
not to give any consultation on the questions relevant to the competence
of the Court. May God help us."
