Wakilii

Ajavon v Republic of Benin (Application No. 027-2020)

African Court on Human and Peoples' Rights · [2021] AfCHPR 50 · 2021 Application Dismissed (Moot) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures before the African Court on Human and Peoples' Rights
Decision
Request for provisional measures declared moot following conviction by domestic court

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights found that it had prima facie jurisdiction to hear the request for provisional measures but declared the request moot because the CRIET had already convicted the Applicant and issued an arrest warrant before the Court could rule on the provisional measures application.

Outcome

Request for provisional measures declared moot following conviction by domestic court

Facts

The Applicant, a Beninese national, challenged criminal proceedings brought against him before the Court for the Suppression of Economic Offences and Terrorism (CRIET) for forgery of a public document, abetment of forgery, and fraud. The Investigation Chamber of the CRIET issued judgment on 29 May 2020 partially dismissing his appeal and referring the case to the Appeals Chamber. The Appeals Chamber upheld this judgment on 18 June 2020. The Supreme Court dismissed his appeal in cassation on 29 January 2021. The Applicant filed a request for provisional measures with the African Court seeking a stay of execution of these judgments pending determination of his application on the merits. On 1 March 2021, before the Court ruled on the provisional measures request, the first instance Chamber of the CRIET convicted the Applicant, sentenced him to five years imprisonment and a fine, issued an arrest warrant, and ordered him to pay damages totalling over 140 billion FCFA to the Beninese State.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the request for provisional measures.
  2. Whether the request for provisional measures should be granted to stay execution of judgments rendered against the Applicant.

Orders

  • Declared that the request for provisional measures is moot.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
In matters of provisional measures, the African Court on Human and Peoples' Rights need not be satisfied that it has jurisdiction on the merits of the case but merely that it has prima facie jurisdiction.
Human Rights — Withdrawal of Declaration — Effect on Pending Cases
A State's withdrawal of its declaration accepting the jurisdiction of the African Court to receive applications from individuals has no retroactive effect or impact on new cases brought before the effective date of the withdrawal.
Civil Procedure — Provisional Measures — Mootness
A request for provisional measures becomes moot where the relief sought has been overtaken by events, such as where a domestic court has already rendered the decision the applicant sought to prevent through provisional measures.

Legislation cited (11)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3(1)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 28(7)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5(3)
  • African Charter on Human and Peoples' Rights Article 7(1)
  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 18

Cases cited (3)

  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • Komi Koutche v Republic of Benin (Application No. 020/2019)
  • Ingabire Victoire Umuhoza v Republic of Rwanda (Jurisdiction)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ajavon v Republic of Benin (Application No. 027-2020) [2021] AfCHPR 50 (29 March 2021)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.