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Jurisdiction · West Africa

Law in
Guinea

A member of OHADA and ECOWAS, and the "water tower" of West Africa where the Niger, Senegal and Gambia rivers rise, Guinea combines civil-law national legislation, uniform OHADA law and many regional cooperation commitments. This page sets out how they fit together, and which prevails in case of conflict.

Select an organization to see its members, or display overlaps with Guinea. The map challenge offers six legal geography questions. The map is in French.

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Key facts

Capital
Conakry
Official language
French
Legal tradition
Civil law (codified law)
Constitution
Adopted by referendum in 2025
Business law
OHADA, member state
Highest courts
Constitutional Court, Supreme Court, Court of Auditors
Currency
Guinean franc (GNF)
Regional organizations
9, including the AU and AfCFTA

Guinea at the crossroads of regional organizations

A member of nine organizations, Guinea is subject to complementary legal regimes: uniform business law (OHADA), regional integration (ECOWAS), monetary cooperation (WAMZ), cooperation with its neighbours (Mano River Union) and shared management of the three major rivers that rise there (OMVS, OMVG, NBA).

OHADA

member state

Organization for the Harmonization of Business Law in Africa

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Seat
Yaoundé (Permanent Secretariat) · 17 Member states
Regulatory approach
Uniform Acts directly applicable without transposition: companies, securities, debt recovery, insolvency, arbitration, general commercial law.
Effect in Guinean law
Supranationality: Uniform Acts apply notwithstanding any conflicting provision of domestic law, whether earlier or later (Treaty, art. 10).
Court
CCJA (Abidjan): court of cassation for the application of Uniform Acts, in place of the Supreme Court of Guinea.
Legal data stakes
Foundation of the LegOmnia database under construction: CCJA case law and Guinean decisions applying the Uniform Acts.

ECOWAS

founding member (1975)

Economic Community of West African States

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Seat
Abuja · 12 Member states
Regulatory approach
Revised Treaty, protocols (free movement, trade) and supplementary acts adopted by the community bodies.
Effect in Guinean law
Ratified treaties and protocols prevail over statutes (Constitution), subject to reciprocity.
Court
ECOWAS Court of Justice (Abuja), directly accessible to individuals in human rights matters.
Legal data stakes
Case law of the ECOWAS Court, notably on human rights, and free movement texts.

WAMZ

member state

West African Monetary Zone

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Seat
Accra (Monetary Institute) · 6 Member states
Regulatory approach
Six ECOWAS states outside the CFA franc, each with its own currency, committed to monetary convergence.
Effect in Guinean law
Convergence commitments subject to the general treaty regime.
Court
No court of its own.
Legal data stakes
Monetary coordination and macroeconomic convergence texts.

AU

founding member of the OAU (1963)

African Union

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Seat
Addis Ababa · 55 Member states
Regulatory approach
Constitutive Act and continental conventions (human rights, cybersecurity, data protection), applicable after signature and ratification.
Effect in Guinean law
Ratified and published conventions prevail over statutes (Constitution), subject to reciprocity.
Court
African Court on Human and Peoples' Rights (Arusha), within the limits of the ratified protocols.
Legal data stakes
Reference for continental standards, notably on personal data protection.

AfCFTA

State party to the Agreement

African Continental Free Trade Area

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Seat
Accra (Secretariat) · 54 Member states
Regulatory approach
Framework agreement and protocols: goods, services, investment, competition, intellectual property, digital trade.
Effect in Guinean law
In case of conflict with a regional agreement, the Agreement prevails, except between states that have achieved deeper integration (art. 19).
Court
State-to-state dispute settlement mechanism modelled on the WTO.
Legal data stakes
Monitoring of trade commitments and national implementing texts.

MRU

member state

Mano River Union

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Seat
Freetown · 4 Member states
Regulatory approach
Economic and security cooperation between four neighbouring states: Liberia, Sierra Leone, Guinea and Côte d'Ivoire.
Effect in Guinean law
Cooperation agreements subject to the general treaty regime (Constitution).
Court
No community court.
Legal data stakes
Cross-border cooperation texts between neighbouring states.

OMVS

member since 2006

Senegal River Basin Development Organization

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Seat
Dakar · 4 Member states
Regulatory approach
Joint management of the Senegal River: shared infrastructure, energy, navigation, irrigation, water allocation.
Effect in Guinean law
Conventions subject to the general treaty regime (Constitution).
Court
No community court.
Legal data stakes
Basin conventions and texts on the management of shared infrastructure.

OMVG

founding member (1978)

Gambia River Basin Development Organization

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Seat
Dakar · 4 Member states
Regulatory approach
Joint management of the Gambia and neighbouring river basins: energy, power interconnection, development works.
Effect in Guinean law
Conventions subject to the general treaty regime (Constitution).
Court
No community court.
Legal data stakes
Basin conventions and texts on shared infrastructure and energy.

NBA

member state

Niger Basin Authority

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Seat
Niamey · 9 Member states
Regulatory approach
Joint management of the Niger River basin between nine states: water resources, infrastructure, environment.
Effect in Guinean law
Conventions subject to the general treaty regime (Constitution).
Court
No community court.
Legal data stakes
Basin water charter and texts on the management of shared resources.

Common pitfalls: Guinea is not a member

  • WAEMU : West African Economic and Monetary Union, which includes several of Guinea's neighbours (Senegal, Mali, Côte d'Ivoire, Guinea-Bissau). Guinea is not a member: it has its own currency, the Guinean franc.
  • CEMAC : Economic and monetary union of six Central African states. Not to be confused: it is Equatorial Guinea, not Guinea, that is a member.
  • Entente : Council of the Entente, a cooperation organization of five West African states founded in 1959. Guinea is not a member.

Which norm prevails?

The Guinean legal order has five levels. OHADA law holds a special place: directly applicable, it prevails even over a later statute.

  1. Level 1 · supreme norm

    Constitution

    The Constitution, adopted by referendum in 2025, sits at the top of the legal order.

    Legal basis : ConstitutionGuardian : Constitutional Court

  2. Level 2 · supranational

    OHADA law

    Uniform Acts are directly applicable and binding, notwithstanding any conflicting provision of domestic law, whether earlier or later. No transposition is needed.

    Legal basis : OHADA Treaty, art. 10Guardian : CCJA, court of cassation (art. 14), enforceable judgments (art. 20)

  3. Level 3 · treaties

    Ratified treaties and agreements

    AU, AfCFTA, ECOWAS, WAMZ, Mano River Union, OMVS, OMVG, NBA: duly ratified and published treaties prevail over statutes.

    Legal basis : Constitution, provisions on treatiesGuardian : National and community courts

  4. Level 4 · legislative

    Statutes and ordinances

    Organic laws, ordinary laws and ordinances. They must comply with the Constitution and yield to ratified treaties and OHADA law.

    Legal basis : Constitution, scope of statute lawGuardian : Constitutional Court, ordinary courts

  5. Level 5 · regulatory

    Decrees, orders, local authority acts

    Acts of the executive and local authorities, adopted in compliance with statutes. An unlawful regulatory act can be annulled.

    Legal basis : Principle of legalityGuardian : Administrative courts, Supreme Court

What about case law? It does not appear in the pyramid, but it shows how each level applies in practice. That is precisely the body of law LegOmnia is working to structure and make accessible.

Test your knowledge

Two interactive exercises: resolve real conflicts between norms, then check what you know about Guinea's regional integration.

The norms referee

Score : 0

Case 1/6

An award made under the CCJA institutional arbitration must be enforced in Guinea. Who grants exequatur?

Which norm or court prevails?

Quiz: regional integration

Score : 0

Question 1/15

The Mano River Union brings together Guinea, Liberia, Sierra Leone and…

Frequently asked questions about Guinean law

Is Guinea a member of WAEMU?

No. Unlike several of its neighbours, Guinea is not a member of WAEMU and does not use the CFA franc: it has its own currency, the Guinean franc. It is, however, a member of the West African Monetary Zone (WAMZ).

Does OHADA law apply in Guinea?

Yes. Guinea is a member of OHADA. The Uniform Acts (commercial companies, securities, debt recovery, insolvency, arbitration, general commercial law…) are directly applicable there without transposition, notwithstanding any conflicting provision of domestic law, whether earlier or later (OHADA Treaty, art. 10).

Which court rules in cassation on OHADA law?

The Common Court of Justice and Arbitration (CCJA), based in Abidjan. It rules in cassation on the application of the Uniform Acts, in place of the Supreme Court of Guinea (Treaty, art. 14), and its judgments are enforceable in all member states (art. 20).

Why is Guinea a member of three river basin organizations?

The Niger, Senegal and Gambia rivers rise in Guinea. It is therefore a member of the Niger Basin Authority (NBA), the Senegal River Basin Development Organization (OMVS) and the Gambia River Basin Development Organization (OMVG), which organise the shared management of these resources.

Which regional organizations does Guinea belong to?

Guinea is a member of nine organizations: the African Union, the AfCFTA, OHADA, ECOWAS, the WAMZ, the Mano River Union, the OMVS, the OMVG and the Niger Basin Authority. It is not a member of WAEMU, CEMAC or the Council of the Entente.

Where does LegOmnia stand on Guinean law?

This is one of our priority jurisdictions and its integration is under way. We are building coverage step by step: OHADA law, shared by the 17 member states, is the foundation, progressively enriched with texts and case law specific to Guinean law. People on the waitlist will be the first to hear about each new milestone. OmniScan can already be deployed there today to digitise and index legal document collections.

Guinean law, soon at your fingertips

Join the waitlist to be among the first to access LegOmnia legal research on Guinea and the OHADA area.

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Educational summary; it does not constitute legal advice. References: Constitution of the Republic of Guinea, OHADA Treaty (arts. 10, 14, 20, 25), AfCFTA Agreement (art. 19). Memberships as of October 2026.