The Prelude to Coup: Constitutional “Gangsterism”

By Prof. Eugene Bakama and Ibrahim Sanda Barrie



For almost thirty years, African leaders and their global partners celebrated the success of constitutional democracy on the continent. The spread of multiparty elections quickly followed the Cold War, military juntas stepped back into the barracks, and presidential term limits became key protections against authoritarianism. In West and Central Africa, constitutions were viewed as symbols of a new democratic period, where power would no longer be held permanently by “big men” ruling until death, exile, or violent removal.

However, behind this democratic facade, a subtler crisis was developing.


Thus, this article focuses on West Africa and Central Africa because these regions have, in recent years, become the main spaces where constitutional struggle and military intervention intersect most sharply. Since 2020, they have seen a noticeable rise in coups alongside growing attempts by governments to adjust constitutions, extend presidential tenures, weaken opposition, and tighten control over key state institutions. In range of cases, the crisis did not begin when soldiers took over. It had already been building gradually, as citizens watched constitutional rules lose their credibility and political competition become increasingly uneven.


In Sierra Leone, similar tensions have played out in quieter but significant ways. Former President Ernest Bai Koroma’s removal of Vice President Samuel Sam-Sumana in 2015 sparked serious debate about how far presidential powers can go within the constitution, and what safeguards actually exist in practice. More recently, critics of President Julius Maada Bio have expressed concern that ongoing constitutional discussions could shift the balance of power in favor of the ruling party, although these concerns remain politically debated rather than proven. Taken together, these experiences reflect a wider regional reality in which constitutions are increasingly seen not just as rules of governance, but as arenas of political contestation and survival.



The Rise of the “Constitutional Coup”


A constitutional coup occurs when leaders exploit legal tools such as referendums, constitutional amendments, courts, or electoral commissions to weaken democratic principles while maintaining a facade of legality. Unlike classic military coups, where tanks are visible on the streets, here, the constitution itself becomes a tool for political self-preservation.


This phenomenon has emerged as one of the keys to defining political issues in contemporary Africa.


Constitutions are theoretically designed to limit political power, with provisions such as presidential term limits, independent courts, and electoral rules intended to prevent leaders from consolidating authority. In practice, however, in Africa, these constitutional safeguards have increasingly failed to function as effective checks on power. Instead, they have often been exploited by ruling elites to extend their tenure in office.

The political language used to describe these changes often appears more complex than it truly is. Leaders talk about “constitutional modernization,” “institutional reform,” or “national stability,” but beneath this rhetoric, the real goal is much simpler: maintaining power.


This irony is evident: leaders once seen as symbols of democratic transition are now more often the architects of democratic decline.


Guinea: The downfall of Democratic Legitimacy



Guinea provides clear examples of this crisis. When Alpha Condé assumed office in 2010, he was hailed globally as Guinea’s first democratically elected president following years of authoritarian and military rule. In Guinea, scholars and civil society organizations regarded his presidency as the beginning of a democratic revival. However, that optimism was short-lived.

By 2019, concerns grew that Condé might seek a contentious third presidential term despite legal constraints. Instead of focusing on a democratic transition, his government called for a constitutional referendum in 2020, which effectively reset presidential term counts and enabled him to run again.


Legally, the process was portrayed as lawful, but political commentators and scholars in Guinea viewed it as a challenge to constitutional principles.

Mass protests erupted nationwide under the banner of the National Front for the Defense of the Constitution (FNDC). Security forces responded with repression, arrests, and lethal violence. Human rights groups recorded dozens of deaths related to demonstrations during the constitutional referendum and subsequent elections.


The core issue was not just the third term itself, but the erosion of public trust. Electoral institutions appeared increasingly partisan, opposition voices faced restrictions, and the constitution no longer felt like a shared social agreement. For citizens across African countries, democracy came to appear as a procedural exercise that conceals increasingly personalized forms of rule.


When Colonel Mamady Doumbouya took control in September 2021, celebrations erupted in parts of Conakry. The images were striking, showing civilians cheering on soldiers. However, this did not necessarily indicate that Guineans suddenly favored military rule. Instead, many critics believed that constitutional order had been catastrophically compromised long before the coup occurred.

Doumbouya skillfully capitalized on this crisis of legitimacy.


He defended the takeover by accusing Condé’s government of “politicizing public administration,” violating rights, and eroding democracy. The junta presented its military coup as a corrective measure against a previous constitutional coup. This narrative should concern all advocates of democracy. Doumbouya skillfully capitalized on this crisis of legitimacy. He defended the takeover by accusing Condé’s government of “politicizing public administration,” violating rights, and eroding democracy. The junta presented its military coup as a corrective measure against a previous constitutional coup. This narrative should concern all advocates of democracy.



When Civilian Authoritarianism Revives Military Politics


The tragedy facing West and Central Africa is that constitutional manipulation is unintentionally restoring the political importance of the military.


For decades, African countries worked to establish norms opposing military interference in politics. Organizations such as the African Union and the Economic Community of West African States adopted strict anti-coup policies in the 1990s and thereafter, acknowledging that military rule had severely undermined governance across Africa.



However, these norms relied on a crucial assumption: that civilian governments would uphold constitutional restraint.

That assumption is now breaking down.

  When presidents manipulate constitutions to stay in power indefinitely, they blur the line between democracy and authoritarianism. Citizens start viewing elections as mere rituals lacking real political significance. Opposition parties lose confidence in the electoral processes. Institutions have become centered around individual leaders. Courts seem compromised, and the legitimacy of constitutional legality diminishes.

This fosters an environment conducive to military opportunism.

Soldiers are increasingly portraying themselves not just as armed actors, but as supposed “saviors” fighting against corrupt political elites. Whether this is a genuine belief or not is irrelevant. What matters is that significant portions of the population are becoming open to accepting this narrative.


In this sense, constitutional coups not only undermine democracy but also reestablish praetorian politics.



The Dangerous Double Standards in Regional Politics



A key weakness in Africa’s governance architecture lies in the uneven application of agreed continental and regional democratic standards. At the continental level, the African Union’s Constitutive Act and the African Charter on Democracy, Elections and Governance (ACDEG) clearly establish norms against unconstitutional changes of government, including military coups, and commit member states to principles such as term limits, constitutionalism, and the rule of law. At the regional level, bodies such as Economic Community of West African States reinforce these principles through instruments like the ECOWAS Protocol on Democracy and Good Governance, which explicitly discourages any reforms that undermine democratic alternation in power.


In practice, however, enforcement has been uneven. Regional organizations routinely respond to military coups with swift sanctions, suspensions, and diplomatic isolation, signaling a relatively clear and forceful normative stance. By contrast, responses to constitutional manipulation by sitting presidents are often slower, more cautious, and politically constrained, even when such actions raise similar concerns about democratic backsliding. This gap has weakened the perceived consistency and credibility of Africa’s democratic norms.


A frequently cited example is Côte d’Ivoire, where President Alassane Ouattara contested and won a controversial third term in 2020 following constitutional revisions that reset presidential term calculations. The decision triggered significant domestic protests and political tension, yet external criticism from regional and international actors was comparatively restrained when contrasted with the rapid and robust condemnation typically directed at military juntas.


This disparity illustrates a broader structural problem: while Africa’s continental and regional frameworks articulate clear democratic standards on paper, their application in practice has been inconsistent, particularly when constitutional violations occur within formally elected governments.


In the Central African Republic, President Faustin-Archange Touadéra oversaw constitutional changes widely interpreted by critics as enabling him to seek additional terms beyond the previous limits. In Cameroon, President Paul Biya has remained in power since 1982 following the removal of term limits in 2008. In the Republic of the Congo, President Denis Sassou Nguesso has similarly extended his rule through constitutional revisions that have entrenched long-term incumbency.

In Gabon, decades of dynastic rule under the Bongo family ended only following a military intervention in 2023.

African citizens are noticing these contradictions, and more are questioning them. They ask: if civilian rulers can manipulate constitutions repeatedly without dire consequences, why are only military officers seen as enemies of the constitutional order?


This view does not justify military coups; however, it clarifies why anti-coup norms are waning in popularity in parts of Africa.



Democracy Without Constitutionalism


The ongoing crisis exposes a fundamental misunderstanding at the core of international democracy promotion initiatives.

For many years, democracy was frequently seen as just holding elections. As long as voting happened regularly, states were often regarded as models of democracy. However, elections alone are not enough to uphold constitutional governance.


True constitutionalism depends on establishing boundaries on power, maintaining institutional independence, ensuring political pluralism, and having reliable succession mechanisms. Without these components, elections may still occur but can coexist with authoritarian regimes.

African countries today function under what could be termed “electoralized authoritarianism,” a system in which elections are held regularly but are less effective at generating real political change.



This is why constitutional coups are particularly risky. They maintain the outward semblance of democracy but undermine its core principles. When citizens believe that ballots will not bring meaningful change, they may become more accepting of extra-constitutional options, such as military intervention.


Africa’s Democratic Future at a Crossroads




The wave of coups in West and Central Africa is therefore more than just a military problem; it is fundamentally a crisis of political legitimacy. Condemning soldiers who organize coups is essential but not enough. Without also addressing constitutional violations by civilian governments, anti-coup norms will keep losing their moral authority.

African regional organizations should treat constitutional manipulation as seriously as they do military coups. Evasion of term limits, partisan constitutional engineering, and suppression of dissent should no longer be tolerated diplomatically simply because they are carried out by elected governments.

The lesson from Guinea is difficult to ignore:  when constitutions stop serving as safeguards against power and instead become tools for preserving it, democracy begins to weaken quietly from within, long before soldiers arrive. West Africa and Central Africa are now living through the consequences of that slow erosion.

Africa’s democratic crisis is therefore no longer only about generals overthrowing presidents. Increasingly, it is also about presidents weakening constitutions, sidelining institutions, and gradually draining public trust from democratic systems, creating the very instability that military actors later exploit.

Also, the continent is still far from politically secure. Troubling signs continue to emerge across parts of the central African region predominantly in the Democratic Republic of Congo, where discussions on the change of Constitution continue to raise concerns about democratic stability. The deeper danger is that once citizens begin losing confidence in constitutional order and civilian institutions, military intervention can slowly become politically imaginable again, especially in societies already struggling with conflict and crises of legitimacy.


Ultimately, the future of democracy in Africa will depend not only on preventing soldiers from seizing power, but also on ensuring that civilian leaders themselves respect constitutional limits, protect institutional independence, and preserve public confidence in democratic governance.



Selected Sources


African Union Charter on Democracy, Elections and Governance


International Crisis Group – Guinea’s Constitutional Referendum Crisis


Human Rights Watch – Guinea Events of 2021


Freedom House – Freedom in the World: Guinea


Brookings Institution – Africa’s Coup Problem and Democratic Backsliding


ISS Africa – Coups and Constitutional Manipulation in Africa

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