Benin: the constitutional court renders 02 decisions on the murder of Eloi Dogo

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Advisors to the Constitutional Court Ph:LNT

Seizure of two appeals on the murder of the student Eloi Dogo mistaken for a thug and burned alive by the populations, the Constitutional Court by DCC 22-159 of April 28, 2022 judged the act of popular vengeance of which the victim was the object , unconstitutional.

In their appeal, the applicants accuse the police of having failed in their mission to protect the citizen and condemn the attitude of the populations who have voluntarily killed a citizen, in defiance of the constitutional provisions and international legal instruments. ratified by Benin.

the investigator's guide
the investigator’s guide

For the applicants, Fifamin Miguèle Houeto, Landry Angelo Adelakoun, Romaric Jesoukpégo Zinsou and Noël Olivier Koko, the practice of mob justice is contrary to the principle of the presumption of innocence from which any suspected person benefits.

If in their decision the sages of the constitutional court considered that the police accused of having failed in their mission to protect the citizen did not violate the Constitution, they nevertheless found guilty of violation of article 35 of the Constitution , the head of the Gbira district in the 3rd arrondissement of Parakou. This local authority is accused of having handed the victim over to the people by refraining from removing him from private justice when the latter was taken to his home by those who accused him.

Note that according to article 35 of the constitution, citizens charged with a public function or elected to a political function have the duty to fulfill it with conscience, competence, probity, dedication and loyalty in the interest of and respect for the common good“.

Back to the facts…

A 3rd year law student at the University of Parakou, Eloi Dogo mistaken for a robber was burned alive on Wednesday October 20, 2021 in Parakou. Originally from Tchèti in the Collines Department, he lived in Waï in the Banikanni district in the second arrondissement of Parakou.

Like most young students, Eloi Dogo did not have a rosy life, but he worked to make ends meet. He was known in the sale of adulterated gasoline before recently joining a microfinance structure of which he would be the head of the agency.

It was on his way to his business early on October 20 that he was ambushed. People arrested him as the author of a robbery that took place the day before. His attempts to defend himself could not save his life. He will undergo the test of fire against an overexcited population.

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