Title III. OF THE EXECUTIVE POWER
Section 1. Of The President of the Republic
Article 46
The President of the Republic is the Head of the State.
He incarnates national unity.
The President of the Republic is above the political parties.
He is the guarantor of the national independence, of the national unity, of the integrity of the territory, of respect for the Constitution, [and] for the international treaties and agreements. He assures the regular functioning of the public powers and the continuity of the State.
Article 47
The President of the Republic is elected by universal, free, direct, equal and secret suffrage for a mandate of five (5) years, renewable one (1) sole time.
In any case, no one may exercise more than two (2) presidential mandates or extend the mandate for any reason whatsoever.
Nigeriens of the two (2) sexes, of [Nigerien] nationality of origin, at least thirty-five (35) years old the day the dossier is deposited, enjoying their civil and political rights[,] are eligible to the Presidency of the Republic.
No one is eligible to the Presidency of the Republic if he does not enjoy a good state of physical and mental health, as well as of a good morality attested by the competent services.
The organic law specifies the conditions of eligibility, of the presentation of the candidatures, of development of the ballot, of counting [dépouillement] and of proclamation of the results.
The Constitutional Court controls the regularity of these operations and proclaims the definitive results.
Article 48
The election of the President of the Republic takes place by majority ballot in two (2) rounds.
The convocation of the electors is made by decree taken in the Council of Ministers.
The first round of the ballot with a view to the election of the President of the Republic takes place ninety (90) days, at least and one hundred twenty (120) days, at most, before the expiration of the mandate of the President in office.
The candidate who obtains the absolute majority of the expressed suffrage in the first round is declared elected.
If this condition is not met, it proceeds, no later than twenty-one (21) days after the publication of the definitive results by the Constitutional Court, to a second round of [the] ballot in which the two (2) candidates that arrived ahead in the first round take part.
In the case of death, withdrawal [déssistement] or incapacity of one or the other of the two candidates, the candidates following present themselves in the order of their ranking [classement] after the first round.
No withdrawal may be taken into consideration seventy-two (72) hours after the proclamation of the definitive results of the first round by the Constitutional Court.
In the case of death of the two (2) candidates, the electoral operations of the first round are retaken.
After the second round, the candidate who obtained the greatest number of votes is declared elected.
Article 49
The mandate of the new President of the Republic takes effect counting from the date of expiration of the mandate of his predecessor.
Article 50
Before entering into [his] functions, the President of the Republic takes an oath on the Holy Book [Livre Saint] of his confession before the Constitutional Court, in the presence of the members of the National Assembly, in these terms:
“Before God and before the sovereign Nigerien People, We …, President the Republic, elected according to the laws, solemnly swear on the Holy Book [Livre Saint]:
- to respect and to have respected the Constitution that the People have freely given to themselves;
to loyally fulfill the high functions with which we have been invested; to never betray or to misrepresent the aspirations of the People; to respect and to defend the republican form of the State; to preserve the integrity of the territory and the unity of the Nation; to respect and to defend the rights and freedoms of the citizens; not to take or to be guaranty [cautionner] for any measures degrading [avilissante] the human dignity; to see to the neutrality of the administration and to the respect for the texts that establish [consacrent] its depolitization; to work tirelessly for the happiness of the People; to spare no effort for the realization of African Unity; to conduct ourselves in all [things] as faithful and loyal servant of the People;
In the case of perjury, may we suffer the rigors of the law.
May God help us.”
The oath is received by the Constitutional Court.
Article 51
After the ceremony of investiture and within a time period of forty-eight (48) hours, the President of the Constitutional Court receives the declaration[,] written on the honor[,] of the assets of the President of the Republic.
This declaration is subject to an annual updating and [one] at the cessation of the functions. The initial declaration and the updates are published in the Journal Officiel [Official Gazette] and by the way of the press.
A copy of the declaration of the President of the Republic is communicated to the Court of Accounts and to the tax services.
The gaps between the initial declaration and the annual updates must be duly justified. The Constitutional Court has all powers of evaluation [appréciation] in this domain.
The Court of Accounts is also charged [chargée] with controlling the declaration of assets as received by the Constitutional Court.
Article 52
During his mandate, the President of the Republic may not, either by himself or by others, purchase or lease anything that belongs to the domain of the State or to its separated parts [démembrements].
He may not take part, either by himself or by others, in the public and private markets of the State and of its separated parts.
The provisions of this Article are extended to the Presidents of the Institutions of the Republic, to the Prime Minister, to the members of the Government and to the Deputies.
Article 53
In the case of vacancy of the Presidency of the Republic by death, resignation, forfeiture or absolute impediment, the functions of President of the Republic are provisionally exercised by the President of the National Assembly and, if this last [one] is incapacitated, by the Vice-Presidents of the National Assembly in the order of precedence.
The physical or mental incapacity of the President of the Republic rendering him unfit to exercise the responsibilities [charges] of his function[,] is considered absolute impediment.
The refusal of the President of the Republic to obey an order of the Constitutional Court that declares a violation by him of the provisions of this Constitution is liable [passible] to the same consequences as the absolute impediment.
The absolute impediment is declared by the Constitutional Court, referred to [the matter] by the National Assembly, deciding by a majority of two-thirds (2/3) of its members.
In the case of death, the vacancy is declared by the Constitutional Court, referred to [the matter] by the Prime Minister or [by] a member of the Government.
In the case of resignation, the vacancy is declared by the Constitutional Court, referred to [the matter] by the resigning President of the Republic.
It [then] proceeds to new presidential elections ninety (90) days, at least, and one hundred twenty (120) days, at most, after the opening of the vacancy.
When the President of the National Assembly assures the interim of the President of the Republic in the conditions enounced in the paragraphs above, he may not, except [by] resignation on his part or renouncement of the interim, stand as a candidate in the presidential elections. He exercises the attributions vested [dévolues] in the President of the Republic, with the exception of those provided for in Articles 59, 60 and 61.
In the case of resignation of the President of the National Assembly or of renunciation of the interim on his part, the interim of the President of the Republic is assured by the Vice-Presidents of the National Assembly, in the order of precedence.
In the case of impeachment [mise en accusation] of the President of the Republic before the High Court of Justice, his interim is assured by the President of the Constitutional Court who exercises all the functions of President of the Republic, with the exception of those mentioned in paragraph 8 of this Article. He may not stand as a candidate in the presidential elections.
Article 54
In the case of serious illness duly declared by a college of three (3) doctors appointed by the Bureau of the National Assembly on the proposal of the Order of Doctors [l’Ordre des médecins], the Constitutional Court, referred to [the matter] by two-thirds (2/3) of the members of the National Assembly, declares the absolutely impediment of the President of the Republic and pronounces the vacancy.
Article 55
The functions of President of the Republic are incompatible with the exercise of any other elective mandate, of any military, civil or public employment and of any other professional activity.
For the duration of his mandate, the President of the Republic may not be president or member of the directive organ of a political party or any national association.
Article 56
The President of the Republic appoints the Prime Minister and terminates his functions.
On a proposal of the Prime Minister, he appoints the other members of the Government and terminates their functions.
In the case of absence from the territory, of sickness or of vacation [congé] of the President of the Republic, his interim is assured by the Prime Minister within the limits of the powers that he would have delegated to him.
Article 57
The President of the Republic is the President of the Council of Ministers. He convokes and presides over the Council of Ministers.
The Prime Minister substitutes him in the presidency of the Council of Ministers within the conditions enunciated in this Constitution.
The agenda of the Council is established by mutual agreement between the President of the Republic and the Prime Minister.
Article 58
The President of the Republic promulgates the laws within the fifteen (15) days that follow the transmission made to him by the President of the National Assembly.
This time period is reduced to five (5) days in the case of urgency declared by the National Assembly.
The President of the Republic may, before the expiration of these time periods, address a motivated demand to the National Assembly for a second deliberation of the law or of certain of its Articles. This deliberation may not be refused.
If after a second reading, the National Assembly votes the text by an absolute majority of its members, the law is promulgated of plain right and published according to the procedure of urgency.
Article 59
The President of the Republic can, after consultation of the President of the National Assembly and of the Prime Minister, pronounce the dissolution of the National Assembly.
A new Assembly is elected sixty (60) days at least and ninety (90) days at most after this dissolution.
A new dissolution may not proceed within the twenty-four (24) months following the elections.
After the expiration of the time period established in the preceding paragraph, if the legislative elections are not organized, the dissolved National Assembly is rehabilitated of plain right.
Article 60
The President of the Republic may, after the opinion [après avis] of the National Assembly and of the President of the Constitutional Court, submit to referendum any text which appears to him to demand [devoir exiger] the direct consultation of the people with the exception of any revision of this Constitution which remains governed by the procedure specified in Title XII.
At the demand of the President of the Republic, the Constitutional Court decides by an order [arrêt] on the constitutionality of the initiative of the recourse to the referendum.
When the bill is adopted by referendum, the President of the Republic promulgates it within the time periods specified in paragraphs 1 and 2 of Article 58.
Article 61
The President of the Republic accredits the ambassadors and the extraordinary envoys to foreign powers. The ambassadors and extraordinary envoys of foreign powers are accredited to him.
Article 62
The President of the Republic is the Head of the Administration. He sees to the neutrality of the administration and to the respect for the texts that consecrate its depolitization.
Article 63
The President of the Republic is the Supreme Head of the Armies.
He is assisted by the Superior Council of National Defense [Conseil supérieur de la défense] and by the National Council of Security [Conseil nationale de sécuité].
Article 64
The Superior Council of National Defense gives its opinion [avis] on the appointment to high military functions and on the promotion to the ranks [grades] of general officers, and on any other question of the military domain to which it is referred.
A law determines the composition, the attributions and the functioning of the Superior Council of National Defense.
Article 65
The National Council of Security gives its opinion on matters related to the security of the Nation, to the defense of the Nation, to the foreign policy and[,] in a general manner[,] on all matters related to the strategic and vital interests of the country.
A law determines the composition, the attributions and the functioning of the National Council of Security.
Article 66
The Nigerien armed forces [Forces Armée Nigériennes (FAN)] assure the defense of the integrity of the national territory against all external aggression and participate, by the side of the other forces, in the preservation of peace and security, in accordance with the laws and regulations in force.
They participate in the work [à l’œuvre de] of economic and social development of the Nation and may exercise the responsibilities corresponding to their competences and qualifications.
Article 67
When the institutions of the Republic, the independence of the Nation, the integrity of the national territory or the execution of the international engagements are menaced in a grave and immediate manner, and the regular functioning of the public constitutional powers is interrupted, the President of the Republic takes the exceptional measures demanded by these circumstances after official consultation of the Prime Minister, of the President of the National Assembly and of the President of the Constitutional Court.
He informs the Nation by a message. The National Assembly meets of plain right if it is not in session.
No institution of the Republic may be dissolved or suspended during the exercise of the exceptional powers.
The exceptional measures must be inspired by the will to assure to the constitutional public powers, within the shortest time periods, the means to accomplish their mission.
The National Assembly approves [apprécie] with an absolute majority of its members the duration of the exercise of the emergency powers and terminates them in the case of abuse.
Article 68
The President of the Republic, after deliberation of the Council of Ministers, proclaims the State of Emergency within the conditions determined by the law.
Article 69
A Council of the Republic [Conseil de la République] is instituted in view of preventing and resolving the institutional and political crises, in a consensual manner, within the respect for this Constitution.
The Council of the Republic gives its opinion [avis] on the matters that it is referred to. These opinions are brought to the knowledge of the Nation, under reserve [for] the defense secrets. It meets under the presidency of the President of the Republic.
The Council of the Republic is constituted by:
- the President of the Republic;
the President of the National Assembly; the Prime Minister; the former Presidents of the Republic and former Heads of State; and by the Leader [Chef de file] of the opposition.
The law determines the attributions and the functioning of the Council of the Republic.
Article 70
The President of the Republic signs the ordinances and decrees deliberated in the Council of Ministers.
He appoints[,] by decree taken in the Council of Ministers, to the civil and military employments of the State.
The law determines the functions that he would be provided by decree taken in the Council of Ministers.
Article 71
The law establishes the advantages granted to the President of the Republic and organizes the modalities for granting a pension to former Presidents of the Republic and Heads of State.
Article 72
The President of the Republic has the right of pardon. This pardon may not be granted in the cases of imprescriptible crimes.
Section 2. Of the Government
Article 73
The Prime Minister is the Head of the Government. He directs, animates and coordinates the governmental action.
He assures the execution of the laws.
He may delegate certain of his powers to the Ministers.
By virtue of an express delegation and for a determined agenda, he substitutes the President of the Republic in the presidency of a Council of Ministers.
Article 74
Before entering into [his] functions, the Prime Minister takes, before the National Assembly, on the Holy Book of his confession, the following oath:
“Before God and before the representatives of the sovereign Nigerien People, We …, Prime Minister, Head of the Government, solemnly swear on the Holy Book [Livre-Saint]:
- to respect the Constitution that the People have freely given to themselves;
to loyally fulfill the high functions with which we have been invested; to respect and to defend the republican form of the State; to respect and to defend the rights and freedoms of the citizens; not to take or to be guaranty [cautionner] for any measures degrading [avilissante] the human dignity; to assure the neutrality of the administration and to the respect for the texts that establish [consacrent] its depolitization; to work tirelessly for the happiness of the People; to conduct ourselves everywhere as faithful and loyal servant of the People;
In the case of perjury, may we suffer the rigors of the law.
May God help us.”
Article 75
The acts of the Prime Minister are countersigned, the case arising, by the Ministers charged with their execution.
Article 76
The Government determines and conducts the policy of the Nation.
It disposes of the administration and of the public force. It may dispose of the armed force within the conditions determined by the law.
The Government is responsible before the National Assembly within the conditions specified in Articles 107 and 108.
At his entering into [his] functions and after deliberation of the Council of Ministers, the Prime Minister makes a declaration of general policy before the National Assembly.
Article 77
The acts of the President of the Republic other than those specified in paragraph 1 of Article 56 and of Articles 60, 61, 67 and 92 are countersigned by the Prime Minister and, the case arising, by the Ministers responsible.
Article 78
Within seven (7) days of their entering into [their] functions, the Prime Minister and the Ministers shall remit to the President of the Court of Accounts the declaration[,] written on their honor[,] of their assets. This declaration is subject to an annual updating and [one] at the cessation of the functions.
This provision is extended to the Presidents of other institutions of the Republic and to the responsible [persons] of the independent administrative authorities.
The initial declaration and the updates are published in the Journal Officiel [Official Gazette] and by way of the press.
The Court of Accounts is charged with controlling the declarations of assets.
The law determines the other public agents subject to the obligation of declaration of assets, as well as the modalities of this declaration.
Article 79
Any inexact or untruthful declaration of assets exposes its author to prosecution for evasion [chef de faux] in accordance with the provisions of the Penal Code.
Article 80
The functions of members of the Government are incompatible with the exercise of any parliamentary mandate, [with] any function of professional representation on an international, national or local scale [à l’échelle], [with] any public or private employment and [with] any professional activity.
No one may be [a] member of the Government if he does not enjoy a good morality attested by the competent services.
Section 3. Of the Cohabitation
Article 81
When the presidential majority and the parliamentary majority do not concur, the Prime Minister is appointed by the President of the Republic from a list of three (3) notable persons [personnalités] proposed by the majority of the National Assembly.
The President of the Republic terminates the functions of the Prime Minister on the presentation by him of the resignation of the Government.
The Ministers charged with the National Defense and with Foreign Affairs are appointed by mutual agreement of the President of the Republic and the Prime Minister.
Article 82
The President of the Republic appoints to the civil employments of the State on proposal of the Government.
