Coups in West Africa: A resurgence of popular but unconstitutional govts?

In 2020, a group of Malian colonels led by Assimi Goita ousted President Ibrahim Boubacar Keita.

Some of the coup leaders have been welcomed with excitement by their people, while others have been resisted. In Niger, the coup leader, Gen Abdourahmane Tchiani, has been likened to former Burkina Faso President Thomas Isidore Sankara because of his response to threats of sanctions from the French government.

In response to the coups, the Economic Community of West African States (Ecowa) has either imposed economic sanctions, sent its forces to intervene or threatened military action against coup leaders. It is, however, quite disturbing that the France finds itself heavily involved in the affairs of these countries, which portrays it as a country still hungry for control over former colonies.

Coups in Africa are caused by ethnic divisions, weak political institutions, economic instability, the legacy of colonialism, and sometimes interference from foreign governments.

Notably, with colonialism came the introduction of the colonial styled form of governance requiring the modern and written form of constitution adopted in many African states. However, since constitutional governance did not matter for the colonial masters as Africa’s resources did, it is not surprising that after direct colonial rule, most countries in Africa are governed in a manner that does not respect constitutionalism and the rule of law.

One of the most significant aspects that render recent coups in West Africa unconstitutional is overthrowing of legitimately elected governments. These coups disregard the will of the people, eroding democratic principles that countries on the continent have fought so hard to establish.

Looking at the reasons given by coup leaders, some people have used Kelsen’s Pure theory of Law to justify their actions. Kelsen focused on changes in the constitutional regime that could not be legally justified, including situations in which an “order in force is overthrown and replaced by a new order in a way that the former had not itself anticipated.” Kelsen was not concerned with whether the revolutionaries had just cause or were driven by a genuinely democratic impulse.

Kelsen has been used to justify change in government in other countries, including Uganda.

Constitutions lay down the rules that govern the politics of States and processes through which power is obtained and transferred peacefully. Coups undermine these rules by replacing lawful governance structures with military regimes. Coups often come with increased human rights abuses and grave restrictions on civil liberties.

Recent coups in West Africa undermine not just international commitments but also pose a fundamental setback to the consolidation of democracy in Africa. For Africa to overcome these setbacks and continue on the path toward sustainable democratic governance, it is critical for the people of these countries to condemn and reject these coups and support the restoration of constitutional order.

Mr Robert Okot is an International Human Rights and non-profit Law Attorney.