Legal system- Civil law v Common law

French Civil Law

Historical background

Before colonization, sharia law was used  as the main legal system. This changed during colonization when the French introduced the French legal system. The country gained independence in 1960 where the judiciary adopted a mix of the colonial French civil law system and Sharia law system. The sources of law in the current legal system include Sharia, the Constitution, treaties as well as legislations.

Traditional law v Civil law

Both French civil law and Sharia law apply.

Judiciary system

The courts are divided into two categories. The first category is the courts established by the constitution and the second category are the courts are the ordinary courts which make up the judicial power. The courts established by the constitution include the Constitutional Council and the Cour des Comptes, and the High Court of Justice.The Constitutional Council has jurisdiction to hear and determine matters on constitutionality of laws and electoral litigations. The Cour des Comptes has jurisdiction over matters related to public finances. The High Court of Justice has jurisdiction to try the president of the republic of high treason as well as other members of the government for criminal activities during their time in office.

Ordinary Courts of Law include ; at the first instance ( regional Courts, Labour Courts, Commercial Courts, Criminal Courts, and District Courts ). At the second instance is the Court of Appeal and at the third instance is the Supreme Court.

Membership to other zone economic system

CEN-SAD, UMA, G5 Sahel