Supreme Court (Niger)
Under certain conditions, the President and members of the Nigerien government can be indicted before the Supreme Court ( French : Haute Cour de Justice ) in Niger .
history
The Supreme Court was originally one of four chambers of the Supreme Court ( Cour suprême ) created in 1960 and headed by Diallo Ousman Bassarou and was dissolved in 1974 after the coup of Seyni Kountché . In 1992 the Supreme Court was restored - now as an independent court.
The politician and diplomat Adamou Moumouni Djermakoye was President of the Court from 1997 to 1999 and from 2005 to 2009. In 2008, former prime minister and MNSD Nassara party leader Hama Amadou was charged with corruption in the Supreme Court. Hadiza Moussa Gros has been President of the Court since 2011 .
composition
The Supreme Court has seven members. Four members are members of the National Assembly , which it elects from among its members. Three members are judges, one each appointed by the Court of Cassation, the Court of Auditors and the Council of State. The members of the Supreme Court are appointed at the end of the first ordinary session of the National Assembly at the beginning of a new legislative term and are not deductible for the duration of the legislative term. The Supreme Court elects its President from among the four National Assembly MPs in its midst.
Powers and working methods
In principle, the President of the State is not indictable in a national court for the acts that he commits in the course of the exercise of his functions, unless it is a matter of high treason . According to the constitution, the following is considered high treason by the President:
- the violation of the oath of office ,
- refusal to comply with a decision of the Constitutional Court,
- the perpetrator, accomplice or complicity in serious human rights violations ,
- the fraudulent assignment of part of the national territory,
- the threat to national interests in relation to the country's natural and mineral resources and
- the importation of toxic waste into national territory.
Members of the Nigerien government, on the other hand, can face general indictments in the Supreme Court of crimes and offenses committed while exercising their political functions.
The National Assembly has to approve an indictment of the president with a two-thirds majority, an indictment of a member of the government with an absolute majority. If the President of the Republic is brought before the Supreme Court, the President of the Constitutional Court temporarily takes over his functions.
Individual evidence
- ↑ Moumouni Adamou Djermakoye ( Memento of the original from October 29, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . Editions Nathan Adamou website, accessed October 1, 2012.
- ↑ Stéphane Bolle: A quoi sert la Haute Cour de Justice du Niger? . La Constitution en Afrique website, published July 24, 2008, accessed October 1, 2012.
- ↑ Ali Hadiza Moussa Gros, nouvelle présidente de la Haute cour de justice du Niger ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. . Agence de Presse Africaine website, accessed October 1, 2012.
- ↑ Constitution de la République du Niger (online version) ( Memento of the original dated August 13, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . Niamey 2010, Article 143.
- ↑ Constitution de la République du Niger (online version) ( Memento of the original dated August 13, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . Niamey 2010, Article 142.
- ↑ Constitution de la République du Niger (online version) ( Memento of the original dated August 13, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . Niamey 2010, Article 144.
- ↑ Constitution de la République du Niger (online version) ( Memento of the original dated August 13, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . Niamey 2010, Article 53.
