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The Republic of Niger has had five constitutions, two substantial constitutional revisions, and two periods of rule by decree since its independence from French colonial rule in 1960. The current "Fifth Republic" operates under the Constitution of 18 July 1999.
The constitution of December 1992 was suspended by a military coup led by Ibrahim Baré Maïnassara in January 1996. The Constitution of 12 May 1996 was approved by referendum as the Fourth Republic. Following an election disputed nationally and internationally, Maïnassara declared himself winner in the first round of presidential elections. The 1996 constitution was marked by a very strong executive and the ability to rule by decree. When less than three years later Maïnassara was himself killed in the coup of 9 April 1999, the military reappointed Ibrahim Hassane Mayaki as prime minister for a transition government and a transitional cabinet consisting of 20 members, most of whom were civilian to create a new constitution. Coup leader and head of the National Reconciliation Council (CRN) Major Daouda Malam Wanké quickly announced its intention to promulgate a new constitution and institute a return to civilian rule. The interim government also replaced 7 of Niger's regional military leaders. Wanké announced that he would not run for the presidency and disqualified all military and security personnel, as well as all members of the transitional government from standing for election. Wanké named a 60-member independent national election commission to oversee the establishment of the election roles and the polling. The CRN renounced any form of remuneration during the transition period and moved to reduce by half the salaries of future members of government.
A new constitution designed to spread power among the president, prime minister, and legislature was approved by referendum despite an extremely low voter turnout in July 1999.
Niger's 1999 constitution restores the semi-presidential system of government of the December 1992 constitution (Third Republic) in which the President of the Republic is elected by universal suffrage for a five-year term, and a prime minister, named by the president, share executive power. As a reflection of Niger's increasing population, the unicameral National Assembly was expanded in 2004 to 113 deputies elected for a 5 year term under a majority system of representation. Political parties must attain at least 5% of the vote in order to gain a seat in the legislature. [1]
