Abstract:
In its latest attempt to curb the plight of unconstitutional changes of government in Africa,
the African Union (AU) is in the process of empowering the African Court of Justice and
Human and Peoples’ Rights (African Court) to prosecute perpetrators of unconstitutional
changes of government in member states. This study considers the prospects and
challenges of such prosecution by the proposed African Court. The study first identifies the
normative and institutional framework developed by the Organisation of African Unity
(OAU), and later the AU to address unconstitutional changes of government in the
continent. It then analyses the AU’s response to unconstitutional changes of government in
member states, taking Guinea, The Comoros, Niger, Tunisia, Egypt and Libya as case
studies. In doing so, it identifies the strengths and weaknesses of the AU’s response to the
changes in these countries, including the capability of the AU’s normative and institutional
framework to address all forms of unconstitutional changes in the region. Most
importantly, the study addresses the challenges and prospects of prosecuting
unconstitutional changes of government by the proposed African Court and whether the
Court would be able to overcome the short-comings identified in the case studies. It finally
concludes and recommends based on the findings of the study.
