ajavon c republique du benin requete n 0622019 2020 afchpr 49 17 avril 2020

ajavon c republique du benin requete n 0622019 2020 afchpr 49 17 avril 2020

The Court found a real and imminent risk of irreparable harm to the applicant due to the continued inscription of a criminal conviction on his record, preventing participation in the May 17, 2020 municipal elections. The Court ordered suspension of the election until a decision on the merits, rejecting suspension of...

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Citation
ajavon c republique du benin requete n 0622019 2020 afchpr 49 17 avril 2020
Parties
Applicant: Sébastien Germain Marie Aïkoué AJAVON; Respondent: République du Bénin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Application for Provisional Measures / Interlocutory Order
Outcome
provisional measures granted in part
Legal Topics
Provisional Measures, Political Participation, Right to Life, Judicial Independence, Electoral Process, Suspension of Laws
Source Language
en
Human Rights Constitutional Law Electoral Law Provisional Measures Political Participation Right to Life Judicial Independence Electoral Process +1 more

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Parties

Sébastien Germain Marie Aïkoué AJAVON

Applicant

République du Bénin

Respondent

Procedural Posture

Application for Provisional Measures / Interlocutory Order

  1. 1 Whether the applicant faces a real and imminent risk of irreparable harm due to exclusion from the electoral process
  2. 2 Whether the Court has prima facie jurisdiction to grant provisional measures
  3. 3 Whether the urgency and gravity requirements for provisional measures are met

Ratio Decidendi

The Court found a real and imminent risk of irreparable harm to the applicant due to the continued inscription of a criminal conviction on his record, preventing participation in the May 17, 2020 municipal elections. The Court ordered suspension of the election until a decision on the merits, rejecting suspension of laws and municipal orders as requiring substantive analysis reserved for the merits.

Court Disposition

provisional measures granted in part

Orders

  • Exception of lack of jurisdiction rejected
  • Court declares prima facie jurisdiction