Benin: The Court finds the National Assembly’s amended Rules of Procedure partially non-compliant
The National Assembly’s Rules of Procedure, recently amended, do not fully comply with the Constitution. This is the finding of a decision issued on August 8, 2025 by the Constitutional Court, following a referral by the president of Parliament.
SUMMARY
In the ruling reported by Banouto, the Constitutional Court declared the new Article 133 introduced by Resolution No. 2025-02, adopted on July 8, 2025, to be unconstitutional. The justices point to a significant omission: unlike the Article 133 currently in force, the new article does not specify the composition of the President of the National Assembly’s office.
An omission with budgetary consequences
According to the Court, “such an omission means that the composition of the President of the National Assembly’s office would be left entirely unregulated, which could potentially lead to an unpredictable number of close aides and make it practically impossible for the National Assembly to draw up its budget with the precise number, grades, and specific duties of the members of the office.”
The Court concludes that, to comply with the Constitution, the new version of the Rules of Procedure must specify the composition of the President of the National Assembly’s office.
The other provisions upheld
Apart from this caveat, the Court found all the other provisions of Resolution 2025-02 to be constitutional. It notably introduces:
recognition of the legal basis for MPs’ inauguration sessions,
clarifications on the timeframe for installing elected members,
the inclusion of the ceremony for the President of the National Assembly’s inaugural address,
clarification of the legal nature of non-legislative acts adopted by Parliament,
as well as the incorporation of provisions relating to the organic laws on the HAAC and the CES.
The text also provides for corrections of clerical errors, clarification of the conditions for MPs’ renunciation and resignation, and details on voting methods in plenary sessions.
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