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Constitutional Coup Underway?

by Joshua Biem

Africa’s Western Bloc (ECOWAS) faces threats of destabilisation as its democratic principles and stronghold are once again put to the test by Senegalese politics. Despite the democratic and economic treaties that have held the West African Bloc together for years since its inception, military coups have become a resurging trend in the region. Countries within the region have recently endured hostile military takeovers; Mali, Niger Republic, Burkina Faso and Guinea.

Given the Senegalese President, Macky Sall’s past attempt to subvert constitutional provisions, the recent developments, however predictable, are nevertheless surprising. Senegal, a West African country with one of the longest-standing and most stable democratic regimes, faces the possibility of losing that title. In gross violation of the ECOWAS Protocol on Democracy and Good Governance, The Senegalese President and the parliament have postponed the existing presidential election calendar. The election was to be held on February 25, 2024. According to the President, who moved the election to December, the reason was to “ensure fairer electoral conditions”.

Senegalese citizens, politicians, the West African Bloc, and the international community received this development with scepticism and for valid reasons. Before Macky Sall postponed the presidential elections, he had announced his interest to run for a third term. Despite being re-elected in 2019 for a second tenure of five years after a first tenure of seven years that began in 2012, Macky maintained that the Senegalese constitution would entertain a third term because of an amendment it had undergone during his tenure. An assertion that caused uproar both in Senegal and internationally.

Rumours of his re-election were quelled after protests from Senegalese citizens and dissent from international players. This ordinarily would have restored the democratic stability of the nation. Still, other actions of the President and his political allies display a deficit of democratic integrity among the country’s leadership.

Hindered by the widespread opposition to his aspirations to run a third time, Macky Sall’s administration has resorted to judicially prosecuting political opponents who oppose his agenda and could derail the upcoming elections from turning out in his favour. Sonko, one of Macky’s major political opponents who enjoys the support of the youth, has been prosecuted and jailed for charges such as rape, miseducation and corruption of the youth and phone theft. The real issues behind the allegations are very much political, a calculated strategy to neutralise opposition.

This circumvention of constitutional provisions and democratic principles has been deduced to be some form of coup. Political opponents and observers call it a “constitutional coup” of sorts, seizing political power using loopholes in the constitution. Out-manoeuvring the constitution in such a manner is not without consequences, as it causes a rupture in the constitutional strength and systemic order of the country, inadvertently giving room for military coups.

The implications of these acts on the ECOWAS are numerous and weakening. The coups carried out in its former member states, their impending exit, and the troubling developments in Senegal portray a disregard for the ECOWAS and its treaties. The bloc faces a genuine threat of being stripped of its dignity and glory. More crucial consequences include the destabilisation of trade rules within the region and tensions that may arise in the fight against regional terrorism as long as cooperation amongst member states remains strained.

As a West African stronghold and current head of the Commission, Nigeria is not exempt from the rising outturns. Navigating the situation calls for incisive insight and negotiation with key regional players and government heads, highlighting the need for peace in the bloc. This deterioration in democracy seems beyond the bloc’s capability and may require the assistance of a more prominent continental player, such as the African Union and other international stakeholders, to stand with them and advocate for the region’s unity. If the matter persists, sanctions can be placed to coerce compliance and restore constitutional supremacy and democratic norms in affected states.

The Senegalese saga, coupled with the fact that military-led coups in West African States have ironically garnered civilian support, reveal a tear in the constitutional fabric that binds modern states together. These issues are deep-rooted and multifaceted and will require concerted efforts toward open dialogue, constitutional overhauls and, most importantly, a grim resolve to overcome our socioeconomic impediments and political differences.

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