dicko et autres c faso requete n0372020 2024 afchpr 25 13 novembre 2024

dicko et autres c faso requete n0372020 2024 afchpr 25 13 novembre 2024

The application is inadmissible because the applicants did not exhaust domestic remedies as required; they failed to raise the constitutionality of the law by way of exception before ordinary courts, as mandated by national law, instead seizing the Constitutional Council by direct action after promulgation, which is...

Source-derived case information.

Citation
dicko et autres c faso requete n0372020 2024 afchpr 25 13 novembre 2024
Parties
Applicant: Harouna Dicko, Aristide Ouedraogo, Bagnomboe Bakiono, Lookmann Mahamoud Sawadogo, Apsadou Diallo; Respondent: Burkina Faso
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Human Rights Application / Final Judgment
Outcome
application dismissed as inadmissible
Legal Topics
Right to Participate in Elections, Exhaustion of Domestic Remedies, Admissibility of Applications, Force Majeure in Electoral Process
Source Language
en
Human Rights Law Constitutional Law Electoral Law Right to Participate in Elections Exhaustion of Domestic Remedies Admissibility of Applications Force Majeure in Electoral Process

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Parties

Harouna Dicko, Aristide Ouedraogo, Bagnomboe Bakiono, Lookmann Mahamoud Sawadogo, Apsadou Diallo

Applicant

Burkina Faso

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the modification of the electoral code violated the right to participate in elections
  2. 2 Whether the applicants exhausted domestic remedies before seizing the Court

Ratio Decidendi

The application is inadmissible because the applicants did not exhaust domestic remedies as required; they failed to raise the constitutionality of the law by way of exception before ordinary courts, as mandated by national law, instead seizing the Constitutional Council by direct action after promulgation, which is not an available remedy under the Constitution.

Court Disposition

application dismissed as inadmissible

Orders

  • Court declares itself competent.
  • Court declares the application inadmissible for non-exhaustion of domestic remedies.