APDH v Côte d’Ivoire (2016) 1 AfCLR 668
681
it to the Constitutional Council for determination of its conformity with
the Constitution.
101. The Court further observes that the Constitutional Council of the
State of Côte d’Ivoire has already ruled on the constitutionality of the
impugned law in its Decision on the Application filed by Mr Kramo
Kouassi acting on behalf of a group of 29 parliamentarians of the
National Assembly (supra, paragraph 18). The Constitutional Council
held that the impugned provisions were in conformity with the
Constitution.
102. In the circumstances, it is clear that the Applicant in the instant
case could
expect nothing from the Constitutional Council with respect to its prayer
for annulment of the impugned law.
103. The Court, in its previous judgments in the Matters of Reverend
Christopher R. Mtikila and Lohé Issa Konaté, decided that “there was
no need to go through the same judicial process the outcome of which
11
was known”.11
104. In view of the aforesaid, the Court finds that it was not necessary
for the Applicant to exercise the remedies mentioned by the
Respondent (supra, paragraphs 85 and 86).
105. The Court consequently declares the Application admissible.
106. Having declared that it has jurisdiction to deal with this matter and
that the Application is admissible, the Court will now consider the merits
of the case.
VII.
Merits of the case
107. The Applicant alleges that the Respondent State violated its
commitment to establish an independent and impartial electoral body
as well as its commitment to protect the right to equality before the law
and to equal protection by the law, as prescribed in particular by Articles
3 and 13(1 and 2) of the Charter on Human Rights, Articles 10(3) and
17(1) of the African Charter on Democracy, Article 3 of the ECOWAS
Democracy Protocol, Article 1 of the Universal Declaration of Human
Rights and Article 26 of the Covenant.
A.
The allegation according to which the Respondent
State violated its obligation to establish an
independent and impartial electoral body
108. The Applicant submits that the right for the citizens to have
national independent and impartial electoral bodies emanates from the
commitment made by the said States under Article 17 of the African
Charter on Democracy and Article 3 of the ECOWAS Democracy
Protocol; that implementation of the said commitment is reflected in the
11 Reverend Christopher R Mtikila (Preliminary Objection of Inadmissibility) Judgment
of 14 June 2014, para 82.3 and Lohé Issa Konaté (Application 004/2013, Judgment
of 5 December, 2014, para 112.