What You Need to Know
Legal experts and lawyers in Guinea-Bissau are alarmed by decisions made by the military council following the November 26 coup, particularly the dissolution of the Supreme Judicial Council and the appointment of a new prosecutor with expanded powers. These actions are viewed as significant threats to judicial independence and the rule of law in the country.
Africa. Legal experts and lawyers in Guinea-Bissau are alarmed by decisions made by the military council following the November 26 coup, particularly the dissolution of the Supreme Judicial Council and the appointment of a new prosecutor with expanded powers. These actions are viewed as significant threats to judicial independence and the rule of law in the country.
The military council announced a package of new measures, including the establishment of a transitional national council and the initiation of drafting a transitional charter, claiming to “restore constitutional legitimacy.” However, the series of decisions accompanying this announcement—most notably the dissolution of the Supreme Judicial Council and the appointment of a prosecutor with extensive powers—has raised serious concerns among those working in the justice sector.
Lawyer Beatrice Fortado stated that granting the prosecutor exceptional powers, including the authority to appoint or dismiss judges presiding over various courts in the country, constitutes a blatant violation of constitutional principles. She remarked, “The existence of a prosecutor who can choose any citizen to be a judge, appoint, dismiss, transfer, and decide as they wish, is akin to a blank check, which is entirely illegal.”
Fortado also expressed her concern over the suspension of the National School of the Judiciary, responsible for training judges and selecting them through competitive examinations, emphasizing that what is happening directly undermines constitutional institutions. She added, “Restoring peace, security, and public order does not mean creating or dissolving constitutional bodies. We are witnessing a collapse of the rule of law in Guinea-Bissau.”
Legal expert Fod Mani warned of the authoritarian tendencies that may arise from concentrating judicial power in the hands of one individual, especially in the absence of the Supreme Judicial Council, which is the body authorized to oversee judges and regulate their work. He stated, “This is an intention to make the prosecutor’s office an instrument of repression and persecution, retaliating against judges who are not loyal to the regime. All powers of this body are now concentrated in the hands of the prosecutor.”
Mani noted that the new prosecutor, Ahmed Tidiane Baldé, appointed by the military council on Friday, December 5, is considered close to former president Umaro Sissoco Embaló, suggesting that this appointment heightens fears of using the prosecutor’s office for political vendettas.
While the military council continues to justify its actions as aimed at “stabilizing and rebuilding institutions,” observers and legal experts believe these decisions could deepen the legitimacy crisis and plunge the country into an unprecedented phase of legal and institutional turmoil.
Guinea-Bissau has faced political instability for decades, with frequent coups and changes in government. The military has often intervened in politics, undermining democratic institutions and the rule of law. The recent coup on November 26 has raised alarms about the future of governance and judicial independence in the country, as military councils have historically prioritized control over democratic processes.
