2024-10-01 00:58:23
Get real-time updates straight to your device, subscribe now.
In principle, any Guinean citizen who meets the conditions set by the electoral law can be a candidate in the presidential election and/or in the legislative and local elections. In any case, he must not be in any of the cases of ineligibility provided for by law.
In our legislation as in other foreign legislation, there are several cases of ineligibility provided for by different sectoral texts: Penal Code, Local Authorities Code, Electoral Code, Fundamental Charter, Constitution and International Treaties.
With regard to our country, the specific cases of ineligibility of Transition leaders are provided for by Articles 46, 55 and 65 of the Transition Charter, as well as by Article 25, paragraph 4, of the African Charter. democracy, elections and governance.
Indeed, for members of the CNRD, article 46 of the Transition Charter states: “The President and members of the National Committee of the Rally for Development cannot apply for candidacy either in national elections or in local elections which will be organized to mark the end of the Transition”
For members of the Transitional Government, Article 55 of the Charter specifies: “The Prime Minister and members of the Government cannot stand as candidates in the local and national elections which will be organized to mark the end of the Transition”
For members of the CNT, article 65 provides: “The functions of President, Vice-Presidents and members of the Bureau of the National Council of the Transition are incompatible with the exercise of any other mandate or public or private responsibility during the Transition. Members of the National Council of the Transition cannot stand as candidates for either the local elections or the national elections which will be organized to mark the end of the Transition”
To guarantee this political will of the leaders of the Transition, moreover in accordance with international law and good practices, the inviolable nature of the aforementioned articles 46, 55 and 65 was formally enshrined at the end of each of them in these terms: “This provision cannot be subject to review.”
Furthermore, Article 25, paragraph 4, of the African Charter on Democracy, Elections and Governance states: “Authors of unconstitutional change of government must neither participate in elections organized for the restoration of democratic order , nor occupy positions of responsibility in the political institutions of their State”.
I would like to clarify that this Charter signed and ratified by Guinea is an integral part of the internal legal order. In other words, on a legal level, even if articles 46, 55 and 65 of the Transition Charter are not renewed by the new constitution, in its transitional provisions, article 25, paragraph 4, of the African Charter of democracy, elections and governance would remain applicable. Consequently, any attempted candidacy by a person found to be ineligible must logically be rejected by the Electoral Management Body (OGE) or invalidated by the competent judge.
To assert that nothing prohibits the candidacy of the President of the Transition in the presidential election is an erroneous interpretation of the legal texts in force and an encouragement to their violation. In this regard, I recall that our Penal Code provides for sanctions against those who attempt to frustrate the execution of the law, in particular the provisions of the Transition Charter which are still in force:
- Article 640 states: “The fact, by a person holding public authority, acting in the exercise of his functions, of taking measures intended to frustrate the execution of the law is punishable by imprisonment. from 2 to 5 years and a fine of 5,000,000 to 10,000,000 Guinean francs or one of these two penalties only”.
Article 641 provides: “The offense provided for in the preceding article is punishable by imprisonment of 10 years and a fine of 15,000,000 Guinean francs or by one of these two penalties only, if it was followed by effect”.
I hope that this brief reminder of the texts will fuel the debate and reflection for the restoration of democratic order in Guinea, in strict compliance with the law and the commitments made.
Maître Amadou DIALLO, Lawyer at the Guinea Bar.