VZCZCXRO1448
PP RUEHMA RUEHPA
DE RUEHNM #0484/01 1801258
ZNR UUUUU ZZH
P 291258Z JUN 09
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC PRIORITY 5149
INFO RUEHZK/ECOWAS COLLECTIVE
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RHMFISS/CDR USAFRICOM STUTTGART GE
RUEAIIA/CIA WASHINGTON DC
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UNCLAS SECTION 01 OF 02 NIAMEY 000484 
 
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ACCRA ALSO FOR USAID/WA 
PARIS FOR AFRICA WATCHER 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958:  N/A 
TAGS: PGOV KDEM SOCI PREL NG
SUBJECT: President Tandja Assumes Emergency Powers, Opposition Calls 
for His Resignation 
 
Ref:  Niamey 00477 
 
NIAMEY 00000484  001.2 OF 002 
 
 
¶1. (U) Summary:  On June 26, President Mamadou Tandja announced he 
would assume emergency powers and rule by decree.  This came on the 
heels of the June 26 re-assertion by the Constitutional Court of the 
illegality of a proposed constitutional referendum to permit 
President Tandja to remain in power for three years and eliminate 
presidential term limits.  The Front for the Defense of Democracy 
(FDD), a grouping of civil society, labor unions and political 
parties, has called the president's decision a "coup" and demanded 
his immediate resignation.  Tandja remains defiant, and members of 
his Government have declared that both the legislative elections and 
constitutional referendum will go on as planned.  End summary. 
 
President Tandja Invokes Article 53 
----------------------------------- 
 
¶2. (U) On June 26, following the Constitutional Court's re-assertion 
of its June 12 ruling (reftel) that the proposed constitutional 
referendum was illegal and the June 19 failed meeting of the Council 
of the Republic, President Mamadou Tandja announced that he would 
assume emergency powers.  During a nation-wide radio and television 
broadcast on the Tele-Sahel evening news, President Tandja declared 
he was obliged to invoke Article 53 of the constitution to take 
extraordinary executive measures to "ensure the continuity of public 
services through the issuance of ordinances and decrees." 
 
Translation of Niger's Constitution:  Article 53 
--------------------------------------------- --- 
 
¶3. (U) The following is a translation of Article 53 of the current 
constitution: 
 
(Begin text) 
 
When the institutions of the Republic, the independence of the 
Nation, the integrity of the national territory, or the 
implementation of international commitments are threatened in a 
serious and immediate manner and that regular functioning of 
constitutional public authorities is interrupted, the President of 
the Republic shall take exceptional measures as required by these 
circumstances after consulting the Prime Minister, the President of 
the National Assembly, the President of the Constitutional Court, 
and the President of the Supreme Court. 
 
He then informs the Nation via an address.  The National Assembly 
convenes ipso jure when it is not in session.  It cannot be 
dissolved during the execution of exceptional powers. 
 
These measures shall be inspired by the will to provide 
constitutional public authorities, in a minimal time frame, with the 
means of accomplishing their mission. 
 
The National Assembly shall assess, to the absolute majority of its 
members, the duration for the execution of exceptional powers, and 
terminate them in case of abuse. 
 
(End text) 
 
Conditions of Article 53 Are Not Met 
------------------------------------ 
 
¶4. (U) It is clear that all of the necessary conditions to invoke 
Article 53 have not been met; such would require that the opinions 
of the presidents of the Constitutional Court, Supreme Court, and 
National Assembly be considered, which has not occurred. 
Furthermore, because President Tandja dissolved the National 
Assembly on May 25, there is no legislative body available to assess 
the situation and consent to conferring exceptional powers, which 
the constitution clearly requires. 
 
Opposition Group Calls for Presidents' Resignation 
--------------------------------------------- ----- 
 
¶5. (U) On June 27, the FDD issued a statement in which it said that 
the president's decision was tantamount to a coup.  The FDD 
denounced the president's bid as yet another violation of the 
constitution, and stated that the president was liable to 
application of Article 42.2-3 of the constitution, which concerns 
impeachment, and demanded his immediate resignation.   In addition, 
 
NIAMEY 00000484  002.2 OF 002 
 
 
FDD called upon defense and security forces to refrain from 
executing the president's "illegal orders" as provided by Article 13 
of the constitution and its implementing laws. 
 
Niger's Minister of Interior Responds 
------------------------------------- 
 
¶6. (U) On June 28, the Minister of Interior, Public Security and 
Decentralization, Albade Abouba, who holds rank as minister of 
state, responded that the opposition was not qualified to request 
the resignation of the president.  He added, "It was a slip of the 
tongue."  Albade said, however, that "those who made such a 
statement would bear responsibility thereof and assume the 
consequences of their acts."  Asked about the president's plans for 
a referendum in order to remain in power, Albade stated that the 
referendum will take place on August 4, as planned.  When reminded 
that the CENI had removed the referendum from its timeline in 
compliance with the Constitutional Court's ruling, Albade retorted 
that the CENI organizes elections when asked by the government, but 
did not have the authority itself to determine the schedule of 
elections. When questioned as to whether a civilian coup d'etat had 
occurred, Albade responded to the effect that if the constitution 
permits a coup d'etat then so be it. 
 
Comment 
------- 
 
¶7. (SBU) President Tandja appears to be enacting the final stages of 
his plan to remain in power by riding roughshod over the 
constitution, political parties, civil society, and the nation's 
largely illiterate populace.  He has failed to apply Article 53 
fully, and has used portions to justify his assumption of emergency 
powers.  President Tandja's continued manipulation of the 
constitution is not a surprise, but reflects the weakness of his 
political position.  On June 29, African Union (AU) Chairman Jean 
Ping said that the AU had sent a delegation to Niger to reflect its 
grave concerns about the situation in Niger.  President Tandja's 
plan for a constitutional referendum has already received 
condemnation from members of his own ruling political party, the 
Economic Community of West African States (ECOWAS), the 
international community, and most importantly, a large segment of 
the Nigerien people.  End comment. 
 
¶8. (U) Minimized considered 
 
Allen