The law on the organization and functioning of the Constitutional Council and the law on the Electoral Code are undergoing amendments.
Two bills are currently being examined and adopted in parliament. One aims to amend Article 170 of the Electoral Code and the other to amend certain provisions of the law on the organization and functioning of the Constitutional Council. Bill No. 2095 aims to amend and supplement certain provisions of Law No. 2004/004 of April 21, 2004, on the organization and functioning of the Constitutional Council, as amended and supplemented by Law No. 2012/012 of December 21, 2012. It targets Articles 38 and 39 of this law following the creation of the post of Vice-President of the Republic, an action validated on April 04, 2026, by parliament meeting in congress. This bill intends to amend these articles to specify the procedures relating to a vacancy in the presidency.
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According to the explanatory memorandum, henceforth, in the event of a vacancy due to resignation, the resigning president submits his resignation to the Constitutional Council and the Vice-President. In the event of permanent incapacity, the Vice-President refers the matter to the Constitutional Council, which rules on the case by a two-thirds (2/3) majority of its members. This act is made public. The bill is the subject of a general discussion this April 06, 2026, at the National Assembly.
Before the convening of the congress that adopted the bill amending certain provisions of the Constitution, the lower house of parliament was already examining the bill amending certain provisions of the Electoral Code. Bill No. 2093 indeed targets Article 170 of Law No. 2012/001 of April 19, 2012, on the Electoral Code.
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According to this article, the term of office of municipal councilors may be extended by the President of the Republic for a period not exceeding eighteen months. As the Head of State has already extended the term of municipal councilors for 15 months, it is impossible to extend the term beyond August 25, 2026. However, a law has just extended the term of MPs until December 20, 2026. And legislative and municipal elections are held at the same time. Hence the introduction of the legal amendment aimed at extending the term of municipal councilors.
The new Article 170 proposed by the government to parliament would require municipal councils to be fully renewed every five years on the same date. “However, in case of necessity, the President of the Republic may, by decree, extend or shorten the term of municipal councilors after consultation with the government and the Senate.” Both houses of parliament validated the bill defended by the Minister of Territorial Administration Paul Atanga Nji.
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