Over the past decade, there has been increased and sustained discussions about presidential term limits in Africa and beyond. Although most post-1990 constitutions in Africa provide for presidential term limits, often with two terms, these have frequently been violated by incumbent regimes resulting in civil strife and unrest, violence and in some instances, coups. State sovereignty is often invoked in absolutist terms as a resistance to any attempt aimed at addressing the governance deficits brought about by unconstitutional presidential tenure in Africa. This is despite the fact that such unconstitutional presidential tenure proves to be a risk factor of the gains made in peace, security and good governance, both domestically and regionally, on the continent. This chapter therefore argues for the ‘piercing’ of the doctrine of State sovereignty from its absolutist understanding to an interpretation that recognises its limits. Secondly, this chapter argues for systemic reforms that would allow for a uniform stance on presidential tenure in Africa. To this end, this chapter argues the African Union, as the continental supranational body, has an important role to play in ensuring that presidential tenure and its associated practices corroborates peace and security, respect for human rights and good governance rather than defying these principles.
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