Niger’s Constitution of 2010 with Amendments through 2017

Judicial Independence

Article 116. The judicial power is independent of the legislative power and of the executive power. The judicial power is exercised by the Constitutional Court, the Court of Cassation, the Council of State, the Court of Accounts, [and] the courts and tribunals.

Article 118. In the exercise of their functions, the magistrates are independent and are only subject to the authority of the law.

Judicial Council, Parallel Institution or Method of Appointment

Article 119. The presiding magistrates [du siège] are appointed by the President of the Republic on proposal of the Minister of Justice, guardian of the seals [garde des sceaux], after the opinion [avis] of the Superior Council of the Magistracy [Conseil supérieur de la magistrature]. The prosecuting magistrates [du parquet] are appointed by the President of the Republic on proposal of the Minister of Justice, guardian of the seals. The presiding magistrates are irremovable. The law establishes the composition, the organization, the attributions and the functioning of the Superior Council of the Magistracy.

Attorney General’s Office

Article 143. […] The functions of the public ministry before [près] the High Court of Justice are exercised by the Procurator General at [près] the Court of Cassation and by a substitute-general [substitut général] at the said Court. […]