- 33 9.2. This Court takes recourse to its previous decision in the Mamadou Tandja case,
supra, at pages 118-117, which we herein quote verbatim:
“B. AN ACTION HAVING BECOME DEVOID OF PURPOSE
“33. At the hearing of 3rd December 2010, the lawyer for the Republic of Niger asked
the Court to terminate the proceedings, for according to him, the Application had
become devoid of purpose, considering the developments in the political situation in
Niger, which had surpassed those stages. He thus maintained that the claims of the
Plaintiffs can no more be granted. Indeed, he contended that the referendum the
Plaintiffs wanted debarred had been conducted and that the Constitution had been
adopted and promulgated; that subsequently, a coup d’etat had occurred; that the
authorities of Niger’s transition have drawn up a programme for restoring
democracy, after adopting and promulgating a new Constitution.”
“34. As for the Plaintiffs, they declared that they wanted their applications to be
maintained, on the grounds that the decision of the Court will contribute towards
dissuading other leaders who may have the intention of tampering with the
Constitution of their country, so as to perpetuate themselves in power.”
“35. The Court notes that on 18th February 2010, a coup d’etat occurred in Niger
following which a Supreme Council for the Restoration of Democracy (CSRD) and
institutions for transition were put in place for a return to constitutional rule in Niger.
The said Council established a programme in three dimensions. For the
implementation of the programmes under the first dimension, an independent
National Electoral Commission proposed an Elections Calendar, according to which
elections leading to the return to civil rule would be organized.”
“By the said calendar, elections shall take place from 31st October, 2010 to 6th April,
2011. These shall include a Constitutional Referendum, local legislative and
presidential elections. As for programmes under the second dimension,a
Commission for Good Governance, and the Fight against Financial Crimes was
created in May 2010. Finally, for the programmes under the third dimension, a
Council for Reconciliation and Consolidation of Democracy was equally created.”