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The requested provisional measures are identical to the merits of the application and would constitute a premature judgment; therefore, the Court will decide both provisional measures and merits together to ensure proper administration of justice.
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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.
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The Court found that while the central electoral commission's composition was no longer manifestly imbalanced, the process for appointing local commission presidents remained skewed in favor of the ruling party due to legacy appointments, and there was no mechanism ensuring that nomination processes for opposition and civil society members were controlled by those entities. These deficiencies violated the obligations to ensure an independent and impartial electoral body and to guarantee public confidence and transparency in public affairs. However, the Court found no violation regarding partiâŠ
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The Court found that the composition of the Ivorian Independent Electoral Commission (CEI) was unbalanced, with the ruling party and the President being over-represented, which undermined the independence and impartiality required by international obligations. This structural imbalance also resulted in a violation of the right to equality before the law and equal protection, as it placed certain candidates at an advantage over others. The Court concluded that the impugned law violated CĂŽte d'Ivoire's obligations under the African Charter on Democracy, Elections and Governance, the ECOWAS ProtâŠ
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