Civil law or common law

The Gabonese legal system is based on the civil law.

Historical background

Before colonization, the local chiefs used traditional laws to resolve disputes. This changed in 1886 when Gabon became a French colony and French civil law was adopted as the legal system. The country gained independence in 1960 and it adopted the French civil system.

Traditional law v Civil law

Both French civil law and traditional customary law apply.

Judiciary system

The judiciary system is divided into upper courts and the lower courts. The upper court division is made up of the Supreme Court and the Appeals Court. The Supreme Court is the highest court of the land. It has both original and appellate jurisdiction to hear matters. It is divided into other courts which include the Administrative Court, Judicial Court, Accounting Court, Constitutional Court and State Security Court. The Administrative Court has jurisdiction to determine judicial review. The Accounting Court has jurisdiction to determine matters related to public funds while the Constitutional Court has jurisdiction to hear matters related to the implementation of the constitutions. The Judicial Court has jurisdiction to hear appeals from the Appeal Court. The Court of State Security has jurisdiction is rarely in session. It has jurisdiction to hear matters such as impeachment of the president.

Membership to other zone economic systems

  – The Organisation for the Harmonisation of Business Law in Africa (OHADA)

  – The African Union, (A.U.)

  – The Inter-African Conference on Social Security (CIPRES)

 – The Economic Community of Central African States (ECCAS)