TITLE V. OF THE JUDICIAL POWER
Article 67
Justice is rendered in the name of the people of Gabon by the Constitutional Court, the jurisdictions of the judicial, administrative and financial orders, the High Court of Justice, and other authorities of exception.
Article 68
The President of the Republic guarantees the independence of the judicial power, respecting the dispositions of the present Constitution.
Judges report only to the authority of the law to exercise their powers.
Article 69
The Superior Council of the Magistracy exercises judicial authority, watching over the proper administration of justice and presides over the nominations, allocations, advancements and discipline of the magistrates.
Article 70
The President of the Republic presides over the Superior Council of the Magistracy.
The Minister of Justice, the Attorney General, assures the first vice-presidency of the Superior Council of the Magistracy.
The presidents of courts assure the second vice-presidency.
Three Deputies and two Senators, designated by the president of each Chamber, represent Parliament with a consultative voice.
Article 71
The Minister charged with the budget assists the Superior Council of Magistracy in an advisory role.
Article 72
An organic law fixes the composition, the organization and function of the Superior Council of the Magistracy.
II. OF THE SUPREME COURT
Article 73
The Supreme Court is the highest authority in civil, commercial, social and penal matters and appeals. It is divided between civil, commercial, social, penal and appellate Chambers.
Each Chamber deliberates separately, according to its primary expertise.
The Supreme Court may convene its Chambers together within the conditions provisioned by the law.
Its orders hold absolute authority over the matter judged.
Article 73a
The Supreme Court enjoys autonomous financial administration.
The funds necessary for its functions are inscribed in the law of finances.
Article 73b
An organic law fixes the organization, composition, competencies and function of the Supreme Court, the Appellate Courts and the tribunals of first instance tasked in civil, commercial, social, and penal matters and petitions.
III. OF THE COUNCIL OF THE STATE
Article 74
The Council of the State is the Highest Jurisdiction of the State in administrative matters.
Article 75
Beyond its primary duties, the Council of the State may be consulted within the conditions fixed by organic law outlined in article 75b below, and other laws.
Article 75a
The orders of the Council of the State hold absolute authority over the judged matter.
Article 75b
The Council of the State enjoys autonomy over its financial management. The funds necessary for its function are written in the law of finances.
Article 75c
An organic law fixes the organization, composition, competence and function of the Council of the State, the Appellate Courts and the administrative tribunals.
IV. OF THE COURT OF ACCOUNTANCY
Article 76
The Court of Accountancy is the highest authority of the state regarding the control of public finances. To this effect:
- It assures control over the execution of financial laws and informs the Parliament and Government of such;
It verifies the regularity of revenues and expenses of the public accounts and assures from this, the proper use of credits, funds and investments managed by the services of the State or by the other moral persons of the public law; It assures the verification of accounts and the management of the public enterprises and organizations benefitting from public finances; It reviews the accounts of public accountants; It declares and audits unaccredited management; It sanctions management errors related to the State, the local collectivities and the organizations subject to its authority.
Article 77
The Court of Accountancy exercises autonomous management of its finances. The funds necessary to its function are written in the law of finances.
Article 77a
An organic law fixes the organization, composition, jurisdiction and function of the Court of Accountancy and the Provincial Chambers of accounts.
V. OF THE HIGH COURT OF JUSTICE AND OTHER JURISDICTIONS OF EXCEPTION
A. OF THE HIGH COURT OF JUSTICE
Article 78
The High Court of Justice is a temporary authority of exception.
It judges the President of the Republic in case of a violation of the oath office, or an offense of high treason.
The President of the Republic may be indicted by the Parliament with a majority vote of two thirds of its members, by public vote.
During the intercession, the Prime Minister will exceptionally receive Parliament’s order of convocation.
The Vice-President of the Republic, the Presidents and Vice-Presidents of the constituted bodies, the members of government and the members of the Constitutional Court, as well as their accomplices and co-actors, are punitively responsible before the High Court of Justice for actions accomplished in the exercise of their duties qualified as crimes or offences at the moment they were committed in the case of an attempted threat against the security of the State.
In this case, the High Court is called, either by the President of the Republic, the Presidents of the Chambers of Parliament, or the General Procurator before the Supreme Court through his or her own authority or through the appeal to all interested persons.
By an organic law provisioned in article 81 of the Constitution, the President of Republic who had ceased to exercise his or her office may not be indicted, prosecuted, investigated, arrested, detained or judged on definitive facts.
Article 79
The High Court of Justice is constrained, with the exception of judgment of the President of the Republic, by the definition of crimes and offences as well as by the determination of punishments that result from the applicable penal laws at the time the crimes were committed.
Article 80
The High Court of Justice is composed of thirteen (13) members of which seven (7) are professional magistrates nominated by the Superior Council of the Magistracy and six (6) are members from within and elected by Parliament, in proportion to the number of parliamentary groups.
The president and vice-president of the High Court of Justice are elected among the magistrates mentioned in the preceding paragraph by the ensemble of members belonging to this institution.
Article 81
The rules of operation of the High Court of Justice, the applicable procedure before the court, and the definition of crimes of which the President of the Republic may be accused are fixed by an organic law.
B. OF THE OTHER AUTHORITIES OF EXCEPTION
Article 82
The other authorities of exception are equally considered temporary courts, created by the law.
