In Gabon, lawyers disagree on how to get out of a crisis that has blocked their order for a month: the cancellation by the Council of State of the election of Maître Raymond Obame Sima to the rank of president. Some argue that the law allows the Department of Justice to intervene. Others point to a legal vacuum in the case of a vacancy. Explanations.
With our correspondent in Libreville, Yves-Laurent Goma
In Gabon, a month ago, the Council of State canceled the election of the president and the office of the bar association. Since then, there is no longer any lawyers’ representative to, for example, settle internal conflicts within the profession. The bar is thus blocked.
The lawyers are divided on the reasons for this situation and each gives his opinion on who should note this vacancy.
Legal vacuum or not on this point: lawyers in disagreement
In an interview given to the local press, Maître Anges Kevin Nzigou is formal: it is up to the Minister of Justice to note the vacant position of president: “ The law provides that the Minister of Justice finds the vacancy because the law allows him. It invites the outgoing president to organize the elections in the month following the vacancy council. “An opinion shared by several lawyers.
But another story is heard by the voice of Maître Gisèle Eyué Bekalé, supported by some of her colleagues: “ The holiday lesson is not defined by article 106 of our law. We are faced with a legal void that needs to be filled. As it stands, no one can see the vacancy of the post of president. To get out of this crisis, it is necessary to seize the Constitutional Court for interpretation. »
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A legal void resulting from the 2015 law on the legal profession. This crisis was born from the cancellation of the election of master Raymond Obame Sima accused of not fulfilling the eligibility criteria for the office of president.
In the meantime, it is no longer possible to seize the Council of the order or even to make arbitrations. Faced with this blocking situation, the Ministry of Justice has not wished to speak for the time being.
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