Benin – Constitutional revision: the text submitted to the Laws Committee
Benin is preparing to make changes to its fundamental law. A draft bill to revise the Constitution, put forward by Assan Séïbou and Aké Natondé, has been introduced in parliament.
SUMMARY
The main purpose of the reform is the creation of a Senate, envisaged as a “upper chamber” to complement Benin’s institutional architecture.
The Senate would be composed of ex officio members and appointed members, including former presidents of the Republic or former heads of institutions, as well as personalities chosen for their expertise.
The initiative is presented as a response to an “institutional gap,” in which certain informal mechanisms (resort to former heads of state) have taken place for lack of an official framework.
The proposal was filed on October 31, 2025, at the opening of the second ordinary session of the legislature. The text was immediately transmitted to the National Assembly’s law committee for study.
New provisions of the proposal
Article premier: the following are created or amended:
- Article 5-1 (creation): Upon the election of the President of the Republic, the political activities of political parties and bodies of the Nation must converge toward strengthening the political action of the Government up to the year preceding the next election year.
During this period of truce in competitive political activities, the activity of political parties must not compromise the political action of the President of the Republic and the Executive Power. The staging of politically competitive debate is suspended. Political activity must be contributive and contribute to the success of the political action carried out by the majority in charge of the direction of the State.
The Senate ensures compliance with the provisions of this article.
- Article 22 (amendment): Everyone has the right to property. No one may be deprived of ownership of immovable property, when such ownership is based on a judicial or administrative title, except for reasons of public utility and against fair and prior compensation.
- Article 53, final paragraph (amendment): The oath is received by the Constitutional Court and the Senate, before the National Assembly, the Supreme Court and the Court of Auditors.
NEW TITLE V: THE SENATE
- Article 113-1 (creation): The Senate contributes to guaranteeing the preservation and strengthening of the Nation’s development achievements, the defense of the territory and public security. As such, it monitors political stability, the continuity of the State and the peace of the Nation.
The Senate ensures the promotion of political conduct consistent with safeguarding the supreme interests of the State and the Nation, Unity and National Cohesion, sustainable development and social peace.
The Senate seeks to strengthen public freedoms, the quality of management of public assets, unity and national harmony with a view to comprehensive and sustainable human development.
For legislative matters, it deliberates, a priori, on any bill or proposed law of a political nature, notably when bills or proposed laws concern the devolution or organization of state power, public finances, internal security and the defense of the territory.
It may, even when the President of the Republic has not used this power, request a second reading of any law passed by the National Assembly.
When, following its request for a second reading of a law, the National Assembly rejects the observations of the President of the Republic, the Senate is seized for final reading.
The Senate sits in Cotonou.
It has an administration and organizes its functioning in accordance with internal rules.
- Article 113-2 (creation): The Senate rules on the behavior of political leaders, with the exception of the President of the Republic and the President of the National Assembly, members of the National Assembly, the Government or political parties that violate the provisions of Articles 5-1 and 113-1 of this Constitution and takes the sanctions and measures provided for in its internal rules.
- Article 113-3 (creation): The Senate ensures regime change and the transmission of state power under peaceful and republican conditions without the Nation’s development achievements being compromised.
- Article 113-4 (creation): The Senate is composed of former presidents of the Republic, former presidents of the National Assembly; former presidents of the Constitutional Court; chiefs of staff of the forces responsible for national defense and security. The President of the Republic and the President of the National Assembly each appoint members whose number does not exceed 1/50th of the ex officio members.
No one may exercise the functions of member of the Senate if they are older than 90 years.
- Article 2: Upon the installation of the Senate, ex officio members who have reached the age limit of 90 may sit there by way of derogation until the age of 95.
This constitutional law enters into force upon its promulgation and shall be enforced as law of the State.
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