By Chibueze Kenneth Makuochukwu

The Guinean government has been toppled through a successful coup d’état. By this, a process that was illegal few days ago has become legal upon completion. Any constitutional scholar will be moved by this incident to ruminate on the concept of revolution.

A revolution occurs, successfully, when the standing legal order is changed in a manner that was not contemplated by the old legal order itself. To Prof Hans Kelsen – a constitutional law scholar and the proponent of the pure law school of Jurisprudence – revolution, in this wide sense, occurs whenever the legal order of a community is nullified and replaced by a new order in an illegitimate way, that is, in a way not prescribed by the first order itself… from a juristic point of view, the decisive criterion of a revolution is that the order in force is overthrown and replaced by a new order in a way which the former had not itself anticipated. Similarly, Professor Ben Nwabueze defines it as an abrupt political change not within the contemplation of the Constitution. The change may be brought about by violence or by peaceful means.

Embedded in the concept is the principle that the constitution is the basis of every law in the legal system. The Ugandan supreme court carefully laid out touchstones for determining what change constituted a revolution, in Uganda v commissioner of prisons, ex parte matovu. They go thus:

– That there must have been an abrupt political change

– That the change must not have been within the contemplation of an existing constitution

– That the change must destroy the entire legal order except what is preserved

– The new constitution and government must be effective.

Being streamlined in thought by the position of the court in that celebrated case in constitutional law and the thoughts of the constitutional jurists, I hold the view, that the change of government in guinea is a successful revolution. Thus, premised on a new constitution, a new legal order and government are now existent, albeit a military government.

 

About the writer:

Kenneth Chibueze M, is a brilliant part two (200 level) law student in University of Uyo, Nigeria. He is an award winning writer with a strong penchant for legal writing, drafting and research. He currently serves as a Justice of the National Judicial council, Law Students’ Association of Nigeria Kenneth is open to be engaged with any writing  contract and can be reached on Email via makuokenny18@gmail.com, on WhatsApp via 07018550463, on phone via 09078697524.