Benin: A Strong Court Falling Victim to Its Achilles’ Heel

Abstract

This contribution examines the evolution of the Constitutional Court of Benin (CCB) as a critical guardian of constitutionalism, political stability, and human rights in the context of Benin’s democratic transition following the 1990 Constitution. Next to actively defending the constitutional order and being resilient against executive overreach, the CCB also expanded its authority by amending the constitution to address anticipated threats to democratic principles. However, vulnerabilities in its institutional design, particularly concerning the appointment procedure and terms of office, rendered it susceptible to political manipulation. These design flaws were compounded by public mistrust of constitutional reforms, thwarting efforts to rectify these shortcomings. 25 years after its inauguration, the CCB was co-opted by political elites, culminating in its diminished efficacy. Despite this decline, the CCB’s early legacy and its partial safeguards offer valuable lessons for constitutional resistance and resilience.