Termination of Magistrate GANGNY appointment: who is to blame? Dear friends, remember that on the 7th of September 2012, being aware of some ongoing wrong consultations, the executive organ of National Union of Benin Magistrates (NAUBMA) has drawn the attention of Madam, the Attorney General Barrister Marie Elise GBEDO on articles 126 of the 11th of December 1990 Constitution and 37 governing Magistrates status. On the 28th of May 2013, after eight months, the Government published these appointments without taking into account some irregularities pointed out by the Executive organ of NAUBMA. On the 31th of May 2013, the Executive organ of NAUBMA published in many newspapers and on internet those irregularities in the said appointment. Among which is the redeployment of Magistrate GANGNY from the Tribunal of Porto-Novo to the Appeal Court of Parakou without his consent. On the 16th of July 2013, the Attorney General wrote the Executive Organ of NAUBMA to postpone the swearing of the appointed Magistrates. On the 20th of January 2014, the Council of Ministers published some corrected appointments. That was how another colleague was appointed to replace Magistrate GANGNY at Porto-Novo. So, two judges are heading the first instruction chamber of the Tribunal at Porto-Novo. Despite a new complain from NAUBMA, Magistrate GANGNY was forced to hand over and join the Appeal Court in Parakou which is unconstitutional. On the 3rd of July 2014, the Constitutional Court base on article 126 of the Constitution declared decree no 213-258 of the 7th of July 2013 void. In law, two practical problems arise: 1-How to respect the Constitutional Court ruling with the current impasse? 2-What have become the previous rulings made by Magistrate GANGNY? Only the Attorney General Marie Elise GBEDO, Valentin DJENONTIN-AGOSSOU, the Supreme Court and the Government, responsible for the current situation can answer those questions. History will judge each judicial stakeholder according to her actions.
Posted on: Sun, 24 Aug 2014 07:50:45 +0000