noudehouenou v republic of benin application no 0102021 2022 afchpr 56 20 december 2022

noudehouenou v republic of benin application no 0102021 2022 afchpr 56 20 december 2022

Requests for provisional measures relating to the 2021 presidential election are moot as the election has already taken place; Court cannot order measures against the Executive Council as it is not a party; detention warrant against Reckya Madougou is no longer in effect due to conviction; Court cannot rule on composition of Executive Council or modify respondent identities under provisional measures.

Citation
noudehouenou v republic of benin application no 0102021 2022 afchpr 56 20 december 2022
Parties
Applicant: Houngue Éric Noudehouenou; Respondent State: Republic of Benin; Respondent State: Burkina Faso; Respondent State: Republic of Côte d'Ivoire; Respondent State: Republic of the Gambia; Respondent State: Republic of Ghana; Respondent State: Republic of Malawi; Respondent State: Republic of Mali; Respondent State: Republic of Tunisia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 December 2022
Procedural Posture
Application for Provisional Measures / Ruling on Provisional Measures
Outcome
Requests for provisional measures dismissed; requests relating to 2021 presidential elections declared moot.
Legal Topics
Provisional Measures, Enforcement of Judgments, Right to Effective Remedy, Arbitrary Detention, Election Rights
Source Language
English
Human Rights Law International Law Provisional Measures Enforcement of Judgments Right to Effective Remedy Arbitrary Detention Election Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Houngue Éric Noudehouenou

Applicant

Republic of Benin

Respondent State

Burkina Faso

Respondent State

Republic of Côte d'Ivoire

Respondent State

Republic of the Gambia

Respondent State

Republic of Ghana

Respondent State

Republic of Malawi

Respondent State

Republic of Mali

Respondent State

Republic of Tunisia

Respondent State

Procedural Posture

Application for Provisional Measures / Ruling on Provisional Measures

Legal Issues

  1. 1 Whether the Court has prima facie jurisdiction to grant provisional measures
  2. 2 Whether the requests for provisional measures regarding the 2021 presidential election are moot
  3. 3 Whether the detention warrant against Reckya Madougou should be suspended

Ratio Decidendi

Requests for provisional measures relating to the 2021 presidential election are moot as the election has already taken place; Court cannot order measures against the Executive Council as it is not a party; detention warrant against Reckya Madougou is no longer in effect due to conviction; Court cannot rule on composition of Executive Council or modify respondent identities under provisional measures.

Court Disposition

Requests for provisional measures dismissed; requests relating to 2021 presidential elections declared moot.

Orders

  • Requests relating to the 2021 presidential elections are moot.
  • All other requests for provisional measures are dismissed.