Mauritania: Former President’s case will be referred to Constitutional Council

The Nouakchott Court of Appeal has approved a request from the defense team of former President Mohamed Ould Abdel Aziz to refer his case to the Constitutional Council. This request, granted during the first hearing on the matter, seeks a ruling on possible violations of Article 93 of the Constitution and Article 2 of the anti-corruption law.

Article 93 of Mauritania’s Constitution states that the President of the Republic can only be held accountable for actions performed in the exercise of official duties in cases of high treason. In contrast, Article 2 of the 2015 anti-corruption law (Law 2015-040) expresses a commitment by the government to prioritize the fight against corruption. Notably, this law was adopted during Mohamed Ould Abdel Aziz’s own administration, reflecting the government’s stated stance on corruption at the time.

In December 2023, the former president was sentenced to five years in prison for “illicit enrichment” and “money laundering” by a specialized anti-corruption court. However, the court dropped charges related to “abuse of office” and “influence peddling.” The former president’s defense argues that the charges of illicit enrichment and money laundering may conflict with Article 93’s constitutional protection, as they stem from actions taken while he was in office.

The Constitutional Council’s decision could determine whether certain aspects of the case violate constitutional protections for sitting presidents, potentially influencing the former president’s conviction and broader interpretations of presidential immunity in Mauritania.