Chad’s Untold Constitutional Coup-The Idriss-Idriss Transition-A CNA Editorial
Cameroon News Agency Editorial
What we all watched in Chad on Tuesday, April 20, 2021, is nothing but a constitutional coup. That the Chadian army came to announce the death of President Idriss Deby Into and immediately imposing his son Mahamat Idriss Deby, should leave many wondering if at all Chad has a constitution or if it was the wish of the deceased President for his last son to rule after him, even if that was the wish, does the constitution give him the power? No! Democracy has once again been wrapped and dashed in the dustbin as the constitution was raped in broad daylight. This was time for Chad to make a difference.
The first constitutional coup is the fact that the Chadian military did not allow the members of the constitutional council to establish the non-availability of the President to rule and declare the seat vacant according to article 76 of the 1996 Amended constitution.
Article 76 states that “In case of vacancy of the Presidency of the Republic for any cause that may be or of definitive incapacity established by the Constitutional Council referred to [the matter] by the Government and deciding with the absolute majority of its members, the attributions of the President of the Republic, with the exception of the powers specified in Articles 79, 82, 83 and 87, are provisionally exercised by the President of the National Assembly and, in case of incapacity of the latter by the First Vice President of said Assembly. In every case, it proceeds to new presidential elections forty-five (45) days at least and ninety (90) days at most after the opening of the vacancy.”
They did not end thereby hijacking the Presidency, the 15-man military transitional leaders also announced that they were dismissing members of the parliament and government. Chad’s Constitution says that when the Constitutional Council establishes the vacancy, an announcement will be made and the President of the National Assembly takes over power. It therefore becomes the place of the President of the National Assembly to dismiss the government or change the constitution or better still dissolve the National Assembly.
Article 77 states that “Within the interval, the Prime Minister may neither engage the responsibility of the Government before the National Assembly nor may it make use of the motion of censure. The President of the National Assembly assuring the functions of the President of the Republic may neither dismiss the Prime Minister and his Government, nor proceed to a revision of the Constitution, nor dissolve the National Assembly.”
How they waited for the partial results to be read early Tuesday putting Idriss Deby Itno at 79.3 % in the Presidential polls, before announcing the death of the President was also tactics. If the announcements were made before the proclamation of results, the Constitutional Council would have stepped in and the Idriss dynasty stopped.
According to article 65 of the Amended 1996 Constitution, “In case of death or incapacity of one of the two (2) candidates most favored in the first round, before any eventual withdrawals, the Constitutional Council, after deciding, orders that it must proceed again to the whole of the electoral operations; it is the same in case of death or incapacity of one of the two candidates remaining considering the second round.”
In light of the above articles of 1996 constitutional amended in 2015, the putting in place of a 15-man transitional military council is unconstitutional, undemocratic, and ungentlemanly for a country still battling violent extremism. They leave Chadians with no choice than choose to fight for either their rights or the invaders or even fight both if they can.
While the Idriss-Idriss transition could be seen as a perfect power handing over to the right person, who has been beside his father throughout his military career, we at CNA believe that it is also a shame for Africa’s democracy, it creates more humanitarian concerns as dozens have already fled to northern Cameroon. This could have been a perfect time for Chad to write a perfect history on the African map but the military junta has chosen to continue with the dark side of history from a military coup orchestrated by late Idriss Deby Itno against Hissène Habré, to constitutional coup orchestrated by his son Mahamat Idriss Deby.
