The full details of the referendum proposal were not finalized, but elements of the proposed constitution were outlined by government spokesmen and by a commission set up by the president to draft a proposed document. Tandja would extend his term for a transitional mandate of three years, during which a new constitution would be written and approved. The system of government would be changed from a
semi-presidential system to a full
presidential system, which Tandja claims is more stable. There would be no limit to presidential terms, and a bi-cameral legislature would be created with an upper house, the Senate. On 5 June, the President and the
Council of Ministers of Niger approved plans for the referendum, titled
Referendum on the Project of the VIth Republic. Campaigning would take place from 13 July 2009 to 2 August 2009. The President established a commission to create a draft constitutional law upon which the population would vote. The
Independent National Electoral Commission (CENI) was ordered to oversee preparations for voting. Electors would be able to choose "yes" or "no" to the text "
Do you approve of the Constitutional project submitted for your assent?" On 12 June 2009, the
Constitutional Court ruled against Tandja's referendum proposal, following a non-binding advisement to the President the month before. This time the ruling was in response to a case brought by a coalition of opposition groups, which included the CDS, a governing partner in the previous government, without which the MNSD could not gain a majority in the Assembly. In such cases, the Constitution specifies that rulings of the Constitutional Court are binding and may not be appealed. Thereafter, CENI announced that National Assembly elections would take place on 20 August, and no referendum would be voted upon. CENI chairman
Moumouni Hamidou stated, following the 18 June Court decision, that they would not hold the 4 August Referendum, and were preparing almost seven million voting cards for the 20 August legislative elections. By law, Nigerien electoral officials must send out voter cards two months prior to an election. Upon the final ruling by the Constitutional Court, Tandja declared that he had assumed "special powers" as the "independence of the nation was threatened".
Interior Minister Albade Abouba announced on 28 June, following President Tandja's assumption of emergency powers, that both the 4 August referendum and the 20 August parliamentary election would go ahead. ==Conduct==