46 them shouldn’t be used as a means of giving credence to violations of the express provisions of the Charter …. It is important for the Commission to caution against a too easy resort to the limitation clauses in the African Charter. The onus is on the state to prove that it is justified to resort to the limitation clause.” Having ratified the Charter, the Respondent has an obligation to make laws in line with the intents and purposes of the Charter. Thus it is the view of the Court that whilst the said clause envisages the enactment of rules and regulations for the enjoyment of the rights enshrined therein, such rules and regulations may not be allowed to nullify the very rights and liberties they are to regulate. Wherein lies any freedom if in order to even choose a representative of one’s choice one is compelled to choose only from persons sponsored by political parties, however unsuitable such persons might be. To the extent that the said provision reserves to the citizen the right to participate directly or through representatives in government, any law that requires the citizen to be part of a political party before she can become a presidential candidate is an unnecessary fetter that denies to the citizen the right of direct participation, and amounts to a violation. 110. Finally on the issue that the 2nd Applicant has now formed his own political party, the Court finds that it does not in any way absolve the Respondent from any of its obligations. Ifthe 2nd Applicant in his eagerness to participate in politics as a responsible citizen forms his own party to cross the hurdle set up by the Respondent, he should not be forced to continue if he finds himself unable to cope with the burden of