mmegi

Constitutional coups are a threat to democracy

Extra constitutional extensions of power have shaped the contours of Africa’s governance landscape in recent years.

Term limit evasions are at the root of a host of governance dysfunctions in Africa and are linked to higher levels of autocracy, corruption, conflict, and propensity for coups. Leaders of 14 African countries have held onto power for more than two terms after evading term limits. This continues a pattern of term limit evasion observed since 2015, reversing an evolving trend of term limit adherence between 2000-2015. Analysis of constitutional modifications in Africa from 2002-23 reveals that there were 24 attempts to amend constitutions to extend political power. Of these, 19 were successful. This amounts to one attempt a year over the last two decades of African Union (AU) existence, with an approximate success rate of 78%.

Modifications of constitutions generally manifest in two ways. The first alters the duration of term limits by increasing or decreasing the number of years. For example, in the April 2023 electoral modification in Gabon, the presidential term in office was shortened from seven to five years, but it was extended in Guinea (2020). This constitutional change often precedes invocation of the principle of non-retroactivity of the new law to allow incumbents to contest for office. In so doing, they reset the clock of their stay in office and circumvent the spirit of their constitutions to extend their stay.

Editor's Comment
‘Fake’ drugs: A matter of life, truth and accountability

When claims of such gravity are made, especially by a sitting Assistant Minister they cannot be brushed aside, delayed, or treated as routine political noise. Even the Ombudsman has confirmed receipt of a report from a political party and a review of these complaints is now underway. That is a necessary first step. But it is only the beginning. The seriousness of the allegations demands urgency, transparency and clarity. The public is entitled to...

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