Ivory Coast: lively debates around the constitutionality of the Ouattara candidacy

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5 mins

In his speech to the nation on Thursday August 6, the Ivorian president confirmed that he would seek a third term. During the special edition devoted by RFI to this announcement, the debates focused in particular on the constitutionality of this candidacy. Extracts.

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For Adama Bictogo , the executive director of the Rassemblement des houphouëtistes pour la democratie et la paix (RHDP, the regroupment of the presidential majority), the president's candidacy for a third term does not pose any problem: "  We have a new Constitution which has been adopted in November 2016 and the law only provides for the future. It only has retroactive effect if it is said and clearly indicated. It is moreover by virtue of the application of this principle of non-retroactivity that people over the age of 75years can now apply. Otherwise President Bédié could not have been a candidate. The Republic cannot be governed by two distinct Constitutions. The new Constitution repeals the old one, so Mr. Alassane Ouattara can indeed be a candidate. This is the first election of the Third Republic [set up with the 2016 Constitution, Editor's note] .  "

Listen to our special edition on Alassane Ouattara's candidacy (August 07)

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Maurice Kakou Guikahué remembers the preparation of the Constitution

Maurice Kakou Guikahué, executive secretary of the Democratic Party of Côte d'Ivoire (PDCI), indicates that an appeal against this candidacy will be filed: “  The problem that arises today is that the President of the Republic is coming. to violate the Constitution. His candidacy is unconstitutional. It is illegal. I am speaking to you, I was at the heart of the preparation of the 2016 Constitution, I held meetings with President Alassane Ouattara who, with his hand on his heart, told us that there was no question of 'a third term and that is why we put an article 183 in the Constitution of 2016  ”.

► See also: Ivorian presidential election: Alassane Ouattara reconsiders his decision and is a candidate

Maurice Kakou goes even further by asserting that Alassane Ouattara's decision can revive tensions in the country: “  We note that this candidacy is unconstitutional and violates the Constitution. President Ouattara is planting the seeds of the destabilization of Côte d'Ivoire and he is against peace in Côte d'Ivoire.  "

Assoa Adou recalls the promises of the majority

The pro-Gbagbo Assoa Adou, secretary general of the Front populaire ivoirien (FPI), recalls: “  It is Mr. Cissé Bacongo [mayor of Koumassi and figure of the presidential majority] who, on November 25, 2016 on Africa 24, said that according to article 183 of the new Constitution of 2016, still in force in that of 2020, Mr. Ouattara could not stand for the 2020 elections. It was Cissé Bacongo who had said it  ”.

The FPI Secretary General supported his speech by quoting Mr. Sansan Kambile, the current Minister of Justice. " D aced the Committee on Institutional and General Affairs of the National Assembly of Cote d'Ivoire, he had also said on 7 October 2016, I quote :"It is impossible for Mr. Ouattara to run in 2020" . A Constitution is the fundamental law of a country. It is this which allows all other laws to be made. By presenting himself yesterday, Mr. Ouattara has completely destroyed the Constitution that he himself had voted by the Ivorians.  "

► To listen also: Guest Africa - “No alternative scheme” to the candidacy of A. Ouattara in Ivory Coast (F. Akindès)

The case of leaders in exile

Guillaume Soro's camp, through the voice of Moussa Touré, explains that he expected “ better ” from Alassane Ouattara“  In the sense that he always gave him the image of a statesman. And in this regard, by running as a candidate, he violates the Constitution of the Republic of Côte d'Ivoire. This is unacceptable. Mr. Ouattara cannot be a candidate for a third term. It is clear, it is clear. Mr. Ouattara, in violation of this same Constitution, also decides to block those whom the Constitution allows to be candidates. I am thinking here, in this case, of Mr. Laurent Gbagbo and Mr. Guillaume Kigbafori Soro, who are both in de facto exile  ”.

For Assoa Adou, if we want to avoid the risks of destabilization of the country in the months to come, we must let these two political figures return. “  Mr. Gbagbo, Mr. Guillaume Soro must both return to Côte d'Ivoire. Today there is no reason to keep them outside. Mr. Ouattara, by presenting himself yesterday, showed that we can no longer block them.  "

Will Laurent Gbago be able to return to Ivory Coast ?

Where exactly is the Gagbo case? Asked about the question, Adama Bictogo indicates: “  There was a conviction in absentia and the law is clear. There was no appeal. As soon as there has been no appeal, the sentence is enforceable  ”.

Can the conviction in the BCEAO robbery lead to Laurent Gbagbo being kept out of Côte d'Ivoire? “  For the moment, I cannot tell you that it is kept outside. He applied for a passport and we heard the government spokesperson say that the file was being processed.  "Adama Bictogo also said he was convinced that Côte d'Ivoire would experience"  a peaceful campaign  . "

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• Ivory Coast
• Ivory Coast Politics
• Alassane Ouattara

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