TITLE VI. JUDICIAL POWER
ARTICLE 125
Judicial power shall be independent of the legislative power and of the executive power.
It shall be exercised by the Supreme Court, and Courts and Tribunals created in accordance with the present Constitution.
ARTICLE 126
Justice shall be rendered in the name of the Béninese people.
The judges, in the exercise of their duties, shall be subject only to the authority of the law. Sitting magistrates shall be irremovable.
ARTICLE 127
The President of the Republic shall be the guarantor of the independence of justice.
He shall be assisted by the Superior Council of the Magistrature.
ARTICLE 128
The Superior Council of the Magistrature shall rule as Disciplinary Council of the Magistrates.
The composition, prerogatives, organization and functioning of the Superior Council of the Magistrature shall be fixed by an organic law.
ARTICLE 129
The Magistrates shall be appointed by the President of the Republic upon the motion of the Guard of the Seals, the Minister of Justice, after the advice of the Superior Council of the Magistrature.
ARTICLE 130
The Superior Council of the Magistrature shall study the documents for pardon and shall transmit them with its reasoned opinion to the President of the Republic.
I. THE SUPREME COURT
ARTICLE 131
The Supreme Court shall be the highest court of law of the State in administrative and judicial matters and the management of the accounts of the State.
It shall be equally competent in that which concerns disputed matters in local elections.
The decisions of the Supreme Court shall not be subject to any appeal.
They shall be imperative on executive power, on legislative power, as well as on all courts of law.
ARTICLE 132
The Supreme Court shall be consulted by the Government more generally in all administrative and jurisdictional matters.
It may, at the demand of the Chief of State, be charged with the drafting and the modification of all legislative and regulatory texts prior to their examination by the National Assembly.
ARTICLE 133
The President of the Supreme Court shall be appointed for a term of five years by the President of the Republic from among the Magistrates and high level jurists having at least fifteen years of professional experience upon the advice of the President of the National Assembly and by decree taken in the Council of Ministers.
He shall be irremovable during the duration of his mandate which shall be renewable only one time.
The functions of the President of the Supreme Court shall be incompatible with the qualification of a member of the Government, with the exercise of any elective mandate, with any public employment-civil or military, with any other professional activity, as well as with any office of national representation.
ARTICLE 134
The Presidents of the Chamber and his Councilors shall be appointed from among the Magistrates and high-level jurists having at least fifteen years of professional experience by decree taken in the Council of Ministers by the President of the Republic, on a motion of the President of the Supreme Court and after the advice of the Superior Council of the Magistrature.
The law shall determine the status of the Magistrates of the Supreme Court.
II. THE HIGH COURT OF JUSTICE
ARTICLE 135
The High Court of Justice shall be composed of members of the Constitutional Court, with the exception of its President, and of six Deputies elected by the National Assembly and by the President of the Supreme Court.
The High Court shall elect from its midst its President.
An organic law shall fix the rules of its functioning as well as the procedure to be followed before it.
ARTICLE 136
The High Court of Justice shall be competent to judge the President of the Republic and the members of the Government by reason of blatant charges of high treason, of infractions committed in the exercise of or on the occasion of the exercise of their duties, as well as to judge their accomplices in case of a plot against the security of the State.
The regular courts shall remain competent for infractions perpetrated outside the exercise of their duties and for which they shall be criminally responsible.
ARTICLE 137
The High Court of Justice shall be bound by the definition of the infractions and by the determination of penalties resulting from the penal laws in force at the time of the acts.
The decision to prosecute taken after the indictment of the President of the Republic and of the members of the Government shall be voted by a two-thirds majority of the Deputies composing the National Assembly according to the procedure provided by the Rules of Procedure of the National Assembly. The investigation shall be conducted by the Magistrates of the Chambre d’Accusation of the Court of Appeals having jurisdiction over the location of the seat of the National Assembly.
ARTICLE 138
The President of the Republic and the members of the Government shall be suspended from their duties in case of an indictment for high treason, insult to the National Assembly, and any injury to honor and honesty. In case of conviction, they shall forfeit their offices.
