Niger

Constitution of the Seventh Republic of Niger (2010)

Updated: June 2015

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Article 7 states:

Suffrage is direct or indirect. It is universal, free, equal and secret. Nigeriens of the two (2) sexes, aged eighteen (18) years on the day of the ballot or the emancipated minors, enjoying their civil and political rights are voters under the conditions determined by the law.

 

Excerpt from the Constitution of the Seventh Republic of Niger (2010)

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Article 47 states:

…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…

 

Article 48 states:

…In the case of death, withdrawal or incapacity of one or the other of the two candidates, the candidates following present themselves in the order of their ranking after the first round…

 

Article 53 states:

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 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 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 forty-five (45) days, at least, and ninety (90) 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 in the President of the Republic, with the exception of those specified 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 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 Article 59 and in paragraph 8 of this Article. He may not stand as a candidate in the presidential elections.

 

Article 54 states:

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, 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.

 

Excerpts from the Constitution of the Seventh Republic of Niger (2010)

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Article 22 states:

The State sees to the elimination of all forms of discrimination concerning women, young girls and handicapped persons. The public policies in all the domains assure their full development and their participation in the national development.

 

Article 26 states:

The State sees to the equality of opportunities chances for handicapped persons with a view to their promotion and/or their social reintegration.

 

Article 87 states:

The right to vote of the Deputies is personal. However, the delegation of the vote is permitted when a Deputy is absent for cause of illness, for the execution of a mandate or a mission entrusted to him by the National Assembly or the Government or to fulfill his military obligations. No one may receive for one ballot more than one delegation of the vote.

 

Article 100 states:

The Law determines the fundamental principles:...of the protection of the elderly persons and of the integration of handicapped persons.

 

Excerpts from the Constitution of the Seventh Republic of Niger (2010)

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Article 47 states:

…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…

 

Article 48 states:

…In the case of death, withdrawal or incapacity of one or the other of the two candidates, the candidates following present themselves in the order of their ranking after the first round…

 

Article 53 states:

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 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 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 forty-five (45) days, at least, and ninety (90) 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 in the President of the Republic, with the exception of those specified 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 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 Article 59 and in paragraph 8 of this Article. He may not stand as a candidate in the presidential elections.

 

Article 54 states:

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, 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 87 states:

The right to vote of the Deputies is personal. However, the delegation of the vote is permitted when a Deputy is absent for cause of illness, for the execution of a mandate or a mission entrusted to him by the National Assembly or the Government or to fulfill his military obligations. No one may receive for one ballot more than one delegation of the vote.

 

Excerpts from the Constitution of the Seventh Republic of Niger (2010)