A constitutional referendum was held in

Niger ) , official_languages = , languages_type = National languagesFifth Republic and the creation of the Sixth Republic under a fully

presidential system A presidential system, or single executive system, is a form of government in which a head of government, typically with the title of president, leads an executive branch that is separate from the legislative branch in systems that use separati ...

of government, offering a yes or no vote on the suspension of the constitution and granting

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

Mamadou Tandja Mamadou Tandja (1938 – 24 November 2020) was a Nigerien politician who was President of Niger from 1999 to 2010. He was President of the National Movement for the Development Society (MNSD) from 1991 to 1999 and unsuccessfully ran as the MNS ...

a three-year interim government, during which the constitution of the Sixth Republic would be formulated. On 20 June, the

Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...

declared the plan illegal, but Tandja subsequently assumed emergency powers and dissolved the Court. The events surrounding this election led to a

constitutional crisis In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this ...

. Although the opposition boycotted the referendum, official results reported that turnout was 68%, with 92.5% of voters in favor. The new constitution was accordingly promulgated on 18 August 2009."New Niger constitution promulgated"
AFP, 18 August 2009.

Background

The full details of the referendum proposal were not finalized, but elements of the proposed constitution were outlined by government spokesmen and by a commission set up by the president to draft a proposed document. Tandja would extend his term for a transitional mandate of three years, during which a new constitution would be written and approved. The system of government would be changed from a

semi-presidential system A semi-presidential republic, is a republic in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of the state. It differs from a parliamentary republic in that it has a ...

to a full

, which Tandja claims is more stable. There would be no limit to presidential terms, and a bi-cameral legislature would be created with an upper house, the Senate. On 5 June, the President and the Council of Ministers of Niger approved plans for the referendum, titled ''Referendum on the Project of the VIth Republic''. Campaigning would take place from 13 July 2009 to 2 August 2009. The President established a commission to create a draft constitutional law upon which the population would vote. The

Independent National Electoral Commission The Independent National Electoral Commission (INEC) was established in 1998 and is the electoral body which oversees elections in Nigeria. History Regulation and administration of elections The administration of democratic elections in Nige ...

(CENI) was ordered to oversee preparations for voting. Electors would be able to choose "yes" or "no" to the text "''Do you approve of the Constitutional project submitted for your assent?''" On 12 June 2009, the

ruled against Tandja's referendum proposal, following a non-binding advisement to the President the month before. This time the ruling was in response to a case brought by a coalition of opposition groups, which included the CDS, a governing partner in the previous government, without which the MNSD could not gain a majority in the Assembly. In such cases, the Constitution specifies that rulings of the Constitutional Court are binding and may not be appealed.Niger president's main ally quits the government
AFP. 25 June 2009. Thereafter, CENI announced that National Assembly elections would take place on 20 August, and no referendum would be voted upon. CENI chairman

Moumouni Hamidou Moumouni is a given name and a surname. Notable people with the name include: Surname: * Abdou Moumouni (born 1982), Togolese footballer *Abdou Moumouni University, the only public university in Niger * Basile Adjou Moumouni (1922–2019), Beninese ...

stated, following the 18 June Court decision, that they would not hold the 4 August Referendum, and were preparing almost seven million voting cards for the 20 August legislative elections. By law, Nigerien electoral officials must send out voter cards two months prior to an election. Upon the final ruling by the Constitutional Court, Tandja declared that he had assumed "special powers" as the "independence of the nation was threatened". Interior Minister Albade Abouba announced on 28 June, following President Tandja's assumption of emergency powers, that both the 4 August referendum and the 20 August parliamentary election would go ahead.

Conduct

The vote went ahead as planned on 4 August, although the opposition chose to boycott it. As the boycott made the outcome of the referendum effectively a foregone conclusion, voter turnout assumed a greater significance, as a higher turnout would enhance the referendum's appearance of legitimacy and a lower turnout would suggest that the population had followed the opposition leaders' call for a boycott. As vote counting took place on 5 August, CENI President Moumouni Hamidou said that voter turnout had varied "between 40 and 90 percent" across the country, with the higher figures found in rural areas. Marou Amadou of the opposition FDD coalition said that this was a "ridiculous" claim and that actual turnout was less than seven percent. In the Kabalewa district, from which Tandja originated, turnout was placed at the particularly high level of 94.72%; in

Arlit Arlit is an industrial town and capital of the Arlit Department of the Agadez Region of northern-central Niger, built between the Sahara Desert and the eastern edge of the Aïr Mountains. It is 200 km south by road from the border with ...

, official turnout was only 30.8%. Large signs from President Tandja were posted in Niamey on 6 August, reading "For your fresh show of confidence, all of you: thank you". Meanwhile, the opposition Coordination of Democratic Forces for the Republic (CFDR) described the referendum as "organised in breach of the laws of the Republic" and said that it was "rejected by the sovereign people and it is null and void". It claimed that less than five percent of the population voted and stated that "in boycotting the referendum, Niger people have clearly rejected the autocratic scheme of the President"; according to the CFDR, the turnout figures were "seriously inflated" and many of the "yes" votes were not from real voters.

Results

Official results on 7 August 2009 reported a turnout of 68.26% with 92.5% of the votes in favour. Speaking on 8 August, opposition leader

Mahamadou Issoufou Mahamadou Issoufou (born 1 January 1952) is a Nigerien politician who served as the President of Niger from 7 April 2011 to 2 April 2021. Issoufou was the prime minister of Niger from 1993 to 1994, president of the National Assembly from 1995 t ...

vowed to "resist and fight against this ''coup d'etat'' enacted by President Tandja and against his aim of installing a dictatorship in our country". After calling for protests, Marou Amadou was arrested on 10 August; he was quickly released on the orders of a judge in Niamey, but according to a member of his non-governmental organization, the

United Front for the Protection of Democracy United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...

(FUSAD), he was then "kidnapped ... by members of the Republican Guard at the prison in Niamey as he was trying to complete formalities for his freedom from prison". The Constitutional Court's decision confirming the referendum results was announced on 14 August 2009, thereby legally validating the outcome."Niger court validates referendum result"
AFP, 14 August 2009. Mahamane Hamissou of the CFDR derided the validation as a "non-event" and vowed to fight on against Tandja's alleged effort to impose "dictatorship", while Issoufou's PNDS party dismissed the Constitutional Court as "a tailor-made court that merely did the work for which it was created". On 16 August,

Issoufou Sidibé Issoufou Sidibé is a Nigerien labour leader and politician who is the Secretary-General of the Democratic Confederation of the Workers of Niger (CDTN). Political involvement Speaking on Radio Kakaki in late September 2004, CDTN Secretary-General ...

, the Secretary-General of the

Democratic Confederation of the Workers of Niger The Democratic Confederation of Workers of Niger (CDTN) is a trade union in Niger, formed as a breakaway from the Union of Workers' Trade Unions of Niger. See also *Trade unions in Niger *Union of Workers' Trade Unions of Niger The Union o ...

(CDTN), announced that the CFDR would conduct nationwide protests against the "fantasy results" on 20 August.

Aftermath

President Tandja promulgated the new constitution on 18 August, and Prime Minister

Seyni Oumarou Seyni Oumarou (born 9 August 1951

submitted the resignation of his government to Tandja. Tandja reappointed Oumarou and the whole government without changes on 19 August. Although the composition of the government was unchanged, its reappointment marked the formal transition from a semi-presidential system (in which the President and Prime Minister share executive power) to a presidential system in which the President holds full executive power. The opposition held a protest in Niamey on 22 August despite an official ban. Police fired tear gas and broke up the protest."Police fire teargas at Niger protesters"
AFP, 22 August 2009.

References

{{Nigerien elections 2009 referendums

2009 File:2009 Events Collage V2.png, From top left, clockwise: The vertical stabilizer of Air France Flight 447 is pulled out from the Atlantic Ocean; Barack Obama becomes the first African American to become President of the United States; 2009 Iran ...

2009 in Niger Political controversies in Niger Constitutional referendums in Niger