Benin: Court rules it has no jurisdiction over the Démocrates’ appeal on Sodjinou’s sponsorship
The Constitutional Court of Benin issued, on Thursday October 23, 2025, its decision in the appeal brought by the party Les Démocrates following the invalidation of the sponsorship of their MP Michel François Oloutoyé Sodjinou by the Autonomous National Electoral Commission (CENA). In its ruling, the Court declared itself incompetent to hear the appeal.
SUMMARY
Seized on October 16, 2025, the party Les Démocrates had hoped that the Constitutional Court would annul Order No. 288/2025 of the Cotonou Court of First Instance, which had ordered the return of the sponsorship form to Michel Sodjinou. That decision had led the CENA to invalidate the sponsorship form issued to the MP, thereby excluding the duo Vignilé Renaud Léandre N’doufou Agbodjo – Jude Bonaventure Lodjou from the provisional list of candidates published on October 22.
In their petition, signed by Ouassagari Chabi Sika Abdel Kamar, the party’s administrative secretary, Les Démocrates argued that the attacked order violated the binding effect of decisions of the Constitutional Court, the principle of legal certainty, the principle of separation of powers and the hierarchy of norms in the Republic of Benin.
They asked the Court to “declare the unconstitutionality of Order No. 288/2025” and to “order the invalidation of any legal consequence arising therefrom.”
But in its decision, the Constitutional Court chose not to rule on the merits. It declared itself incompetent, considering that the appeal brought by Les Démocrates “does not fall within its jurisdiction but within that of the ordinary courts in the context of pre-electoral litigation.” A position that deprives the party of any possibility, at this stage, of obtaining the reinstatement of its duo on the list of candidates for the April 12, 2026 presidential election.
A political setback for Les Démocrates
This decision is a heavy blow for the opposition party, which was relying on this outcome to challenge the CENA’s decision. In the absence of an admissible appeal, the rejection of the Agbodjo–Lodjou candidacy therefore remains valid, leaving unchanged the provisional list of candidates Kossi Mbuèke Romuald WADAGNI / Mariam CHABI TALATA, and Paul HOUNKPÈ / Rock Judicaël HOUNWANOU.
Les Démocrates will therefore have to rely on the decisions of the courts, notably the Court of Appeal, which has already confirmed the decision ordering the return of the sponsorship form to MP Michel Sodjinou.
Considering that decisions of the Constitutional Court are final, the party Les Démocrates will not take part in the 2026 presidential election in Benin.
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