Niger’s judiciary is facing one of its most severe challenges in recent years as tensions deepen between the country’s military leadership and key figures in the justice system.
The dissolution of five justice unions and the dismissal of two magistrates have triggered a wave of criticism, with many warning that the moves represent a direct assault on judicial independence.
The controversy stems from a presidential ordinance “relating to the discipline of magistrates during the period of the Refoundation,” issued by the transitional government under General Abdourahamane Tiani.
The order grants the head of state sweeping powers to sanction magistrates for behaviour deemed damaging to the image of state institutions.
Amadou Bachir, a lawyer at the Niger Bar, voiced his concern over the decree, saying: “It is a direct attack on the independence of the judiciary, since the ordinance has a single article that grants the head of state the discretionary power to decide on the discipline of magistrates. This goes against democratic principles and the rule of law.”
Critics argue that the ordinance’s vague terminology—referring to “serious misconduct” or “behaviour that brings institutions into disrepute”—opens the door to arbitrary interpretation and punitive measures without due process.
In response to the government’s actions, the Autonomous Union of Magistrates of Niger (SAMAN) declared an indefinite strike last week, effectively paralysing parts of the country’s judicial system.
The removal of two magistrates affiliated with SAMAN has been widely perceived as a warning to others within the judiciary.
International organisations, including the Observatory for the Protection of Human Rights Defenders—which comprises the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT)—have condemned the measures. In a statement, they described the dissolutions and dismissals as “serious violations of fundamental freedoms, the separation of powers, and the independence of the judiciary,” and urged Niger’s authorities to “reverse these arbitrary decisions.”
Since the July 2023 coup that brought General Tiani and the National Council for the Safeguarding of the Homeland (CNSP) to power, concerns over increasing authoritarianism have mounted. Observers say the crackdown on unions and the judiciary reflects a broader effort to silence dissent and weaken institutional checks on executive power, as General Tiani begins a five-year renewable term.
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