The African Court held that the application was inadmissible because Soglo had not exhausted local remedies relating to his removal as mayor and criminal conviction.
The African Court held that Malawi did not violate Charter rights when its Supreme Court nullified an election, ordered a fresh vote, and rejected related procedural complaints.
Sections 6(1), 7(2), and 7(3) of the National Elections Act violate Article 13(1) of the African Charter because they fail to prescribe qualification criteria for the Director of Elections and returning officers, creating uncertainty and potential for abuse, and are not justified limitations. Restricting appointments to civil servants is not, in itself, a violation of the Charter. No violation was found regarding equality or non-discrimination based solely on the restriction to civil servants. The Respondent State is required to amend the impugned provisions to align with the Charter.
The African Court dismissed an application for provisional measures challenging Tunisia’s Decree-Law No. 2022-55 and seeking postponement of parliamentary elections.
The Court held that the absence of prescribed qualification criteria for the appointment of the Director of Elections and for electoral officials under sections 6(1), 7(2), and 7(3) of the NEA violates Article 13(1) of the African Charter, as it fails to ensure the independence, impartiality, and competence required for such positions. The restriction of eligibility to public servants alone was not found to violate the Charter. The Court found no violation of Articles 2 or 3 of the Charter. The respondent State was ordered to amend the impugned provisions to align with the Charter.
The African Commission found Madagascar violated the complainant’s rights when her presidential candidacy was annulled without a proper hearing and without justification for the residency restriction.
The Court found that the provisional measures requested by the applicant are identical to the relief sought on the merits and could prejudge the outcome of the case. Therefore, it decided to consider the request for provisional measures together with the merits of the application.
The Applicants established urgency due to the imminent by-election, but failed to demonstrate irreparable harm as financial loss, reputational damage, and legal costs are inherent or speculative and do not compromise the rights involved in an irreparable manner. Therefore, the requirements for provisional measures are not met.
The African Court held that Benin violated Article 30 of the Protocol and Article 1 of the Charter by not executing earlier Court decisions, and awarded 1 CFA franc in moral damages.
The African Court found Benin violated the right to participate in government because COS-LEPI was not sufficiently independent or impartial. Other claims were rejected.