Under no circumstances
An Ivorian Online Newspaper reports the words of an Ivorian minister who says: ” if president Ouattara is a candidate in 2020, it will be his first term “. in comment, a netizen answers: ” someone who is minister of animals , physically he ended up looking like an ox and intellectually he took the brain of a sheep. ” Côte D’Ivoire does not lack humor.
But to the truth, if there’s animal brains in this case, he’s not on the minister’s side. The Ivorian Minister is totally right. It was he who read the constitution in force, which said, in article 35, paragraph 35, ” the president of the republic is elected for five (5) years by direct universal suffrage. He’s only re-elected once. ” among those of the following paragraphs and who make prohibitions, none of them prohibits the candidate from having ever exercised a presidential mandate in his life. While Alassane Ouattara is in his second term, it is a mandate that he owes to the previous Republic, that of Constitution 2000, which already had article 35: ” the president of the republic is elected for five years Direct Universal Suffrage. He’s only re-elected once. ” “
Where the human brain must be used to understand the minister’s words, it is that the laws of a constitution are valid only for this constitution and during this constitution. Once a constitution is replaced by a new one, its laws are dead and buried even if their effect remains. In 2016, a new constitution replaced the old one, the one passed by the 2000. Referendum under the 2000 Constitution, Alassane Ouattara was elected first in 2010 and a second time in 2015. If he is still president despite the end of the 2000 Constitution, it is because this constitution has granted him five years of exercise unconditionally. The 2020 presidential elections are the first of the Constitution 2016., and any candidate for the presidential elections is a new candidate, whether or not he has exercised a presidential mandate before the constitution
In Togo, in order to put an end to the repeated mandates of Eyadema, the 1992 Constitution (published in the official journal of 19 October 1992) inserted a condition prohibiting any person who had already exercised a mandate before Candidate. Article 59 (1) States that: ” the president of the republic shall be elected by direct universal suffrage for a term of five years renewable once. No one can exercise more than two mandates. ” the expression ” under no circumstances ” takes into account the mandates of previous constitutions. Eyadéma understood the game. If he still calls to vote on the constitution, then it is a military coup and then a legislative election that ensures an absolute majority. The first act signed in 2002 by the assembly resulting from the coup was to delete the segment ” under no circumstances, no one can exercise more than two mandates. ” article 59., paragraph 1
The popular uprising since 19 August 2017 has put on the carpet the conditionality known as ” under no circumstances “. it is to cancel this conditionality that ECOWAS has intervened in the Togolese crisis by its ” road map “. The Victory of president Alassane Ouattara in the drafting of the 2016 Constitution is to have succeeded in his magician’s coup: to hypnotize public attention on the issue of the impact of previous mandates by attracting him to the xenophobic slags of the old Constitution.
On the contrary, it is to materialize this conditionality demanded by the entire Togolese people that the young student Foly Satchivi has set up a civil society organization called under no circumstances. This will be a democratic desire for the young man to look to Faure Gnassingbé for a dangerous activist who does not deserve to continue his studies but we have to lock up for years.
Source: Zakaria Tchagbale as Published by Farida Bemba Nabourema
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