[2019] AfCHPR 48

[2019] AfCHPR 48

The Court found that the Applicants failed to demonstrate circumstances of extreme gravity, urgency, or risk of irreparable harm that would justify the grant of provisional measures under Article 27(2) of the Protocol. The establishment and appointment of the Independent Electoral Commission had already occurred, rendering the requested measures moot. The Applicants' arguments were based on speculative fears rather than substantiated evidence of imminent harm. Consequently, the Court held that the conditions for granting provisional measures were not met and dismissed the application, noting that the order does not prejudge the merits of the substantive case.

Citation
[2019] AfCHPR 48
Parties
Applicant: Suy Bi Gohoré Emile; Applicant: Kakou Guikahué Maurice; Applicant: Kouassi Kouamé Patrice; Applicant: Kouadjo François; Applicant: Yao N’guessan Justin Innocent; Applicant: Gnokonte Gnessoa Désiré; Applicant: Djedje Mady Alphonse; Applicant: Soro Kigbafori Guillaume; Respondent: Republic of Côte d'Ivoire
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
28 November 2019
Case Number
Application No. 044/2019
Procedural Posture
Provisional Measures Application / Order on Provisional Measures
Outcome
application_dismissed
Judges
Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Tchikaya J
Legal Topics
Electoral Commission Reform, Compliance With Court Orders, Right to Participate in Government, Equality Before the Law
Source Language
English
Constitutional Law Administrative Law Electoral Commission Reform Compliance With Court Orders Right to Participate in Government Equality Before the Law

Case Brief

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Parties

Suy Bi Gohoré Emile

Applicant

Kakou Guikahué Maurice

Applicant

Kouassi Kouamé Patrice

Applicant

Kouadjo François

Applicant

Yao N’guessan Justin Innocent

Applicant

Gnokonte Gnessoa Désiré

Applicant

Djedje Mady Alphonse

Applicant

Soro Kigbafori Guillaume

Applicant

Republic of Côte d'Ivoire

Respondent

Procedural Posture

Provisional Measures Application / Order on Provisional Measures

Legal Issues

  1. 1 Whether the circumstances justify the grant of provisional measures to prevent implementation of Law No. 2019-708 on the Independent Electoral Commission.
  2. 2 Whether the Applicants demonstrated extreme gravity, urgency, and risk of irreparable harm as required under Article 27(2) of the Protocol.
  3. 3 Whether the application for provisional measures remains relevant after the establishment and appointment of the Independent Electoral Commission.

Ratio Decidendi

The Court found that the Applicants failed to demonstrate circumstances of extreme gravity, urgency, or risk of irreparable harm that would justify the grant of provisional measures under Article 27(2) of the Protocol. The establishment and appointment of the Independent Electoral Commission had already occurred, rendering the requested measures moot. The Applicants' arguments were based on speculative fears rather than substantiated evidence of imminent harm. Consequently, the Court held that the conditions for granting provisional measures were not met and dismissed the application, noting that the order does not prejudge the merits of the substantive case.

Court Disposition

application_dismissed

Orders

  • The Court unanimously rejects the provisional measures requested.