The African Bar Association unequivocally condemns the recent military coup and unconstitutional takeover of power in Guinea-Bissau, which occurred at a decisive moment when national elections had been concluded and the tabulation of results was ongoing. This unlawful interruption constituted a direct assault on democratic governance and the sovereign will of the people of Guinea-Bissau.
This violates the following key regional legal frameworks:
Violations of ECOWAS Norms and Obligations
1. ECOWAS Protocol on Democracy and Good Governance (2001 Supplementary Protocol), Article 1(c), (d), and (e), which prohibits any form of accession to power through unconstitutional means and affirms that elections must be free, fair, and transparent.
2. Article 45 of the same Protocol, which mandates the imposition of sanctions on any member state where democracy is abruptly interrupted or where there is an unconstitutional change of government.
3. The ECOWAS Principle of Zero Tolerance for Power Obtained or Maintained by Unconstitutional Means, as repeatedly reaffirmed by the Authority of Heads of State and Government.
Violations of African Union Norms and Legal Instruments
1. The African Charter on Democracy, Elections and Governance (ACDEG), Article 23, which clearly defines a coup d’état or military intervention against democratically elected governments as an unconstitutional change of government.
2. Articles 2 and 3 of ACDEG, which oblige member states to promote and strengthen democracy, constitutional rule, and the supremacy of the will of the people.
3. Article 25 of ACDEG, which mandates AU to impose sanctions on perpetrators of unconstitutional changes of government.
4. The AU Constitutive Act, Article 4(p), which condemns and rejects unconstitutional changes of government and Article 30, which bars governments that come to power by unconstitutional means from participating in the activities of the African Union.
AFBA’s Position and Demands
The African Bar Association therefore:
1. Demands the immediate and unconditional restoration of constitutional order, the protection of electoral institutions, and respect for the results of the democratic process.
2. Calls on ECOWAS and the African Union to activate the enforcement mechanisms outlined in the above protocols, including political, diplomatic, and targeted sanctions against all individuals or groups involved.
3. Urges the international community, civil society, and legal institutions to stand in solidarity with the people of Guinea-Bissau, whose fundamental right to choose their leaders has been illegitimately denied.
4. Calls for independent investigation, protection of election officials and safeguards for journalists, political actors, and citizens.
5. Reaffirms that military intervention in politics has no place in modern Africa, and that the will of the people – expressed through credible elections must be inviolable.
AFBA agrees entirely with the statement jointly issued by the Heads of the African Union Election Observation Mission, ECOWAS Election Observation Mission and the West African Elders Forum on the post-Election situation in the Republic of Guinea-Bissau dated 26th November, 2025.
The African Bar Association remains steadfast in its commitment to defending the rule of law, constitutional governance and democratic rights across the African Continent’s. The unconstitutional seizure of power in Guinea-Bissau is a clear breach of the continent’s most fundamental democratic norms, and it must not stand.
Democracy, Justice and Constitutional order must prevail.
Dated at Abuja, Nigeria this 27th day of November, 2025
High Chief Ibrahim Eddy Mark
President
