[2020] AfCHPR 17

[2020] AfCHPR 17

The Court determined that it had prima facie jurisdiction to consider the request for provisional measures, as the Respondent State is party to the relevant human rights instruments and has accepted the Court's jurisdiction. However, the Applicant subsequently requested dismissal of the provisional measures application, citing the dissolution of parliament and the President's resignation, which rendered the electoral dispute and associated provisional measures moot. The Court therefore declared the request for provisional measures moot, noting that this ruling does not prejudge the merits or admissibility of the main application.

Citation
[2020] AfCHPR 17
Parties
Applicant: Babarou Bocoum; Respondent: Republic of Mali
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
23 October 2020
Procedural Posture
Provisional Measures Application / Ruling
Outcome
request for provisional measures declared moot
Judges
Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
Legal Topics
Electoral Rights, Voter Registration, Parliamentary Elections, Provisional Measures, Judicial Review
Source Language
English
Constitutional Law Administrative Law Electoral Rights Voter Registration Parliamentary Elections Provisional Measures Judicial Review

Case Brief

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Parties

Babarou Bocoum

Applicant

Republic of Mali

Respondent

Procedural Posture

Provisional Measures Application / Ruling

Legal Issues

  1. 1 Whether the Applicant's exclusion from the voters' list violated his electoral rights under domestic and international law.
  2. 2 Whether the legislative elections were conducted in accordance with Mali's constitutional and international obligations.
  3. 3 Whether the request for provisional measures remains relevant following the dissolution of parliament and resignation of the President.

Ratio Decidendi

The Court determined that it had prima facie jurisdiction to consider the request for provisional measures, as the Respondent State is party to the relevant human rights instruments and has accepted the Court's jurisdiction. However, the Applicant subsequently requested dismissal of the provisional measures application, citing the dissolution of parliament and the President's resignation, which rendered the electoral dispute and associated provisional measures moot. The Court therefore declared the request for provisional measures moot, noting that this ruling does not prejudge the merits or admissibility of the main application.

Court Disposition

request for provisional measures declared moot

Orders

  • The request for provisional measures is declared moot.