Pre-electoral litigation in the election of the President of the Republic before the Constitutional Council: what should be known?
In accordance with Article 86 of the Electoral Code, the electorate was convened on July 11, 2025, by Decree No. 2025/305. Following this convocation, any candidate wishing to run for the office of President of the Republic is required to submit their application file in accordance with the provisions of Article 122 of the Electoral Code. These files must be submitted to the General Directorate of Elections or to one of its regional branches, with a copy forwarded to the Constitutional Council by the candidate or their representative.
Who may refer a matter to the Constitutional Council?
Upon publication of the final list of candidates by ELECAM, any candidate, any political party participating in the election, or any person acting as a government representative for the said election may file a petition before the Constitutional Council. This petition must be submitted within two (02) days from the date of publication of the list and must take the form of an ordinary petition.
In addition, any person with a legitimate interest may also refer a matter to the Constitutional Council on issues falling under Article 118 of the Electoral Code.
What is the time limit for examining petitions?
The Constitutional Council may, where a petition is manifestly inadmissible, rule by a reasoned decision without prior adversarial proceedings, in accordance with Article 59 of Law No. 2004/004 of 21 April 2004 on the organization and functioning of the Constitutional Council, as amended and supplemented by Law No. 2012/015 of 21 December 2012.
With regard to petitions concerning the acceptance or rejection of candidacies, or relating to campaign colors, acronyms, or symbols, the Constitutional Council is required to rule within a period of ten (10) days, in accordance with Article 131(1) of the Electoral Code.
What is the procedure before the Council prior to the hearing?
The petition is addressed to the Constitutional Council, generally to its President. Upon receipt, the Secretary General issues an acknowledgment confirming the registration of the petition and notifies the concerned parties within twenty-four (24) hours. The parties then have twenty-four (24) hours to respond by submitting written evidence, in accordance with Article 130 of the Electoral Code and Articles 55 and 56 of Law No. 2004/004 of 21 April 2004.
The Registry, acting on behalf of the General Secretariat, is responsible for recording the petition, making all relevant documents available to the parties, facilitating their consultation, and providing copies upon request at their expense, in accordance with Article 57 of the Rules of Procedure of the Constitutional Council.
Once the petition has been registered, the President of the Constitutional Council appoints a rapporteur from among the members of the Council to examine the case. The rapporteur conducts the investigation and may, if necessary, hear the parties, summon any other person whose testimony is deemed useful, or request in writing any opinion considered necessary. At the end of the investigation, the rapporteur prepares a report accompanied by a draft decision, which is submitted to the members of the Constitutional Council for review, in accordance with Articles 50, 51, 57, and 58 of the Rules of Procedure. The report and the draft decision are then transmitted by the President to the Secretary General for immediate notification to the other members of the Council.
How does the procedure unfold during the hearing?
When the hearing date is set and the case is called, the rapporteur presents their report orally. The President then opens the debate and invites the other members of the Council to make any observations. The concerned parties may be represented by a lawyer, who is permitted to speak while respecting the decorum and dignity due to the Constitutional Council. Once the debate is closed, the Council deliberates on the draft decision, makes any necessary amendments, and then issues its final ruling, in accordance with Articles 59 to 62 of the Rules of Procedure.