Constitution reform in Benin: Gilles Badet discusses the powers lost by the Constitutional Court.
Since the new Constitution of Benin was promulgated, arising from the revision adopted in November and validated in December 2025, the role of the Constitutional Court has been redefined.
This institutional adjustment, undertaken as part of the reform, involves significant changes to the prerogatives of the high court.
In a press briefing, constitutional scholar and former Secretary-General of the Court, Gilles Badet, reviewed the changes at the Constitutional Court.
According to his clarifications, some powers that used to belong to the Constitutional Court no longer fully belong to it with the entry into force of the new constitutional text.
He notably cites the fact that the Court is no longer empowered to rule on statements made by political actors. Under the previous framework, public declarations that could threaten the constitutional order could be reviewed by the high court.
This mission is now transferred to the Senate, created by the constitutional revision. In this new role, the Senate is tasked with ensuring compliance with political norms and admonishing actors whose positions or conduct could threaten peace, national unity, or security.
In case of repeated breaches, this upper chamber could take political measures such as revoking civic rights or disqualification from elections, without amounting to criminal penalties.
Another notable change is that the Constitutional Court can no longer be directly seized by citizens to challenge a court decision on grounds of human rights violations.
From now on, the normal path to challenge a court decision remains an appeal to the ordinary courts or a referral to the Supreme Court.
Despite these transfers of powers, Mr. Badet stressed that the Constitutional Court retains its central role as guardian of the Constitution. It remains responsible for the constitutionality review of laws and acts, including those issued by the Senate, under the conditions and time limits set by the fundamental law.
These adjustments come in a context where Benin’s institutions are called to reposition themselves after the adoption of a modified Constitution, including the creation of a Senate and the extension of electoral terms.
They reflect a desire to balance powers and clarify the respective responsibilities of each institution within the new national institutional framework.
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