“My opinion on taking the oath” Al. Nguia Banda – Gabonews

2023-09-01 16:41:09

“My opinion on taking the oath” Al. Nguia Banda

September 1, 2023

Since Thursday August 31, 2023, a message widely relayed in social networks, forums and even in the French media announces that the President of the CTRI, Brigadier General Brice Clotaire Oligui Nguema will be sworn in before the Constitutional Court on Monday September 04, 2023 .

Unless I am mistaken, in law, if this ceremony should take place, it would be illegal for several reasons:

By perpetrating a coup d’état, Brigadier General Brice Clotaire Oligui Nguema announces, through his spokesperson Colonel Manfoumbi, a whole battery of measures including the dissolution of all the Republican Institutions including the Constitutional Court.

No constitutional, legislative or regulatory provision allows a power emerging from a coup to take an oath before a Constitutional Court which, in any democratic country, is the embodiment of republican legality.

Only an elected President or an interim can be sworn in before a constitutional judge. Article 12 (Law no. 047/2010 of January 12, 2011) of the constitution is however clear: “Upon taking office, the President of the Republic solemnly takes the oath below, before Parliament and the Constitutional Court, the left hand placed on the constitution, the right hand raised in front of the National Flag “

I swear to consecrate…..and be fair to all “.

The procedure leading to the taking of the oath of the President of the Republic is simple:

Election

Centralization of results by the CGE,

Announcement of the results by the Minister of the Interior,

Proclamation of the results by the Constitutional Court,

Swearing in before the Constitutional Court and investiture of the President of the Republic.

By exhuming and temporarily rehabilitating a newly dissolved institution to take the oath, the CTRI is misguided and runs the risk of discrediting itself.

In the current context and political hullabaloo, taking the oath is hardly a priority.

The Constitutional Court, being no longer morally qualified, should abstain from taking any oath. Moral and intellectual probity strictly require it. It is in these circumstances that Republican morals and ethics transcend Politics.

To avoid any discredit and a possible conflagration of the country, Brigadier General Brice Clotaire Oligui Nguema should avoid:

Any haste in its action,

Quickly get in touch with the democratically elected President, Albert Ondo Ossa,

Receive the diplomatic corps,

Receive the religious, the political class, civil society and the association of dignitaries of the Republic.

I end by repeating this Obamba proverb: ” A sage’s gatehouse is never frequented by people who dislike advice.”

Al. Nguia Banda

Doctor of Law, DEA in the history of political ideas,

Political exile France.