The Constitutional Court is the highest authority in Benin on matters of constitutionality. Composed of seven justices, it is the body that regulates the functioning of government institutions and the activities of public figures. The court was founded in 1993 and sits in Cotonou.
As part of Benin's transition to democracy in 1990 a conference was held to draft a new Constitution which provided limitations and separation of government powers and which created institutions that worked with one another to guarantee protection of fundamental freedoms and public freedoms.
The Constitutional Court was one of these institutions. It was founded out of a desire to have a political regime free of dictatorship and unjust, arbitrary decision-making. Instead, the goal was to have a democratic, pluralist government in which human rights, public freedom, human dignity and justice are guaranteed, protected and promoted. Installed on June 7, 1993, the court is seen as the protector of the Constitution and respecter of the laws of the Republic.
The court mainly judges the constitutionality of laws, serves as the guarantor of fundamental rights and public liberties, and serves as the regulatory organ for the proper functioning of institutions, the legality of elections and referendums, and serve as a judge in election disputes between members of the National Assembly.
The Court is composed of seven justices, four of which are nominated by the National Assembly and three by the President of the Republic. Justices serve a five-year term that can be renewed one time. Of those Justices, the court is made up of the following:
The President of the court is elected among the sitting magistrate and jurist members of the court.
Members of the Constitutional Court are ineligible to be Ministers of the Republic, run for elective office, or other public, civil, military or professional work.
| 1 | Joseph Djogbenou | President | Jurist of high level or practitioner of the law | National Assembly |
| 2 | Razacki Amouda Issifou | Vice-president | Jurist of high level or practitioner of the law | National Assembly |
| 3 | Cécile Marie José de Dravo Zinzindohoué | Councilor | Magistrate | President |
| 4 | Moustapha Fassassi | Councilor | Magistrate | National Assembly |
| 5 | Sylvain Messan Nouwatin | Councilor | Magistrate | President |
| 6 | André Katary | Councilor | Personality | National Assembly |
| 7 | Rigobert Adoumènou Azon | Councilor | Personality | President |
Current members of the court were sworn in on 6 June 2018 in Sèmè City in front of the National Assembly, the President, members of the government and institutions, foreign delegations and families of the court members.[1]
The court was previously composed of professor Théodore Holo and six other members. Marcelline Gbêha-Afouda served as the vice-president.
Since its creation in 1993, the court has had five presidents (of which two were women): Élisabeth Pognon from 1993 to 1998 and Conceptia Ouinsou from 1998 to 2008.[2] [3] There was also an interim president, Razaki Amouda Issifou, from October 2022 - June 2023.[4]
| Term | Presidents | |
|---|---|---|
| Since 2023 | Dorothée Sossa[5] | |
| 2018-2022 | Joseph Djogbenou | |
| 2013-2018 | Théodore Holo | |
| 2008-2013 | Robert Dossou | |
| 2003-2008 | Conceptia Ouinsou | |
| 1998-2003 | Conceptia Ouinsou | |
| 1993-1998 | Élisabeth Pognon |
Since the creation of the court, its decisions on the right of Beninese workers to strike have been controversial. This is due to differing interpretations of Article 31 of the Constitution:According to a decision by then Chief Justice Conceptia Ouinsou, any law that forbids strikes is unconstitutional.[6] The court under Chief Justice Théodore Holo ruled similarly in a January 2018 decision. However, the court under Robert Dossou and Joseph Djogbenou have rendered decisions in favor of forbidding strikes from certain categories of workers.
The court was also referred a case by defendants in the Dangnivo Affair, following a long pre-trial detention. The court determined on January 23, 2020, that the length of pretrial detention without a lower court ruling of guilt constituted a violation of the defendants rights to a speedy trial.,.[7] [8]