Wakilii

Gbagbo v Republic of Cote D'Ivoire (Application No. 025-2020)

African Court on Human and Peoples' Rights · [2025] AfCHPR 23 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights challenging removal from voters' register following criminal conviction
Decision
Application dismissed in its entirety; all prayers for relief denied

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that Côte d'Ivoire did not violate Laurent Gbagbo's rights when electoral authorities removed him from the voters' register based on a criminal conviction. The Court found that the Independent Electoral Commission and the electoral court properly applied the Electoral Code, which disqualifies persons convicted of serious crimes. The Court held that the electoral authorities were legally obliged to rely on the judicial decision accompanied by a certificate of no opposition or appeal, and could not question its finality without exceeding their prerogatives. The Court dismissed all claims, finding no violation of the rights to equality, presumption of innocence, political participation, access to public service, or voting rights.

Outcome

Application dismissed in its entirety; all prayers for relief denied

Facts

Laurent Gbagbo, former President of Côte d'Ivoire, discovered on 4 August 2020 that his name had been removed from the voters' register. On 5 August 2020, he requested the Independent Electoral Commission to reinstate him. The IEC declared his request inadmissible on 18 August 2020. Gbagbo appealed to the Abidjan Court of First Instance, which on 25 August 2020 dismissed his appeal pursuant to Article 4 of the Electoral Code. The court relied on a default judgment of 29 October 2019 from the Abidjan Magistrate's Court sentencing Gbagbo in absentia to 20 years' imprisonment and a fine of 10,000,000 CFA francs for conspiracy in group armed robbery and embezzlement of public funds. Gbagbo had been unable to attend the criminal proceedings because he was detained in the Netherlands in connection with proceedings before the International Criminal Court. The default judgment was accompanied by a certificate of no opposition or appeal. Under Ivorian law, persons convicted of serious crimes are disqualified from voting. No local remedy was available against the electoral court's decision, which is final under the Electoral Code.

Issues

  1. Whether the Respondent State violated the Applicant's right to equality before the law and equal protection of the law by removing his name from the voters' register.
  2. Whether the Respondent State violated the Applicant's right to the presumption of innocence by relying on a criminal conviction that the Applicant contends was not yet final.
  3. Whether the Respondent State violated the Applicant's right to participate freely in the government of his country by declaring him ineligible to vote based on a criminal conviction.
  4. Whether the Respondent State violated the Applicant's right of equal access to the public services of his country.
  5. Whether the Respondent State violated the Applicant's right to vote and to be elected.

Orders

  • Application dismissed.
  • Applicant to bear his own costs.

Rules and key headnotes

Electoral Law — Voter Eligibility — Disqualification Based on Criminal Conviction
Electoral authorities applying statutory disqualification provisions based on criminal convictions are legally obliged to rely on judicial decisions accompanied by certificates of finality and cannot, without exceeding their prerogatives, question whether a conviction has acquired the force of res judicata.
Human Rights — Presumption of Innocence — Scope in Electoral Proceedings
The right to presumption of innocence is not violated when electoral authorities rely on a criminal conviction accompanied by legally required documents attesting to its finality, as electoral bodies cannot question the finality of judicial decisions without exceeding their mandate.
Constitutional Law — Political Rights — Restrictions on Participation
Restrictions on the right to participate freely in government must be provided for by law, pursue a legitimate aim, and be proportionate. Disqualification from voting based on conviction for serious offences is a permissible restriction where it is neither general nor automatic but results from a court decision, and where it seeks to preserve the integrity of democratic institutions and public confidence in the political system.
Human Rights — Equality Before the Law — Burden of Proof
An applicant alleging violation of the right to equality before the law must prove that he was the victim of unequal treatment or unequal protection of the law, and must adduce evidence that his case was treated differently from those of other persons in a similar situation.

Legislation cited (8)

  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7(1)(b)
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 13(2)
  • International Covenant on Civil and Political Rights Article 25
  • International Covenant on Civil and Political Rights Article 26
  • Ordinance No. 2020-356 of 8 April 2020 (Côte d'Ivoire Electoral Code) Article 4
  • Ordinance No. 2020-356 of 8 April 2020 (Côte d'Ivoire Electoral Code) Article 12

Cases cited (27)

  • Kouadio Kobena Fory v Republic of Côte d'Ivoire (Merits and Reparations) (2 December 2021)
  • Suy Bi Gohoré Émile and Others v Republic of Côte d'Ivoire (Merits and Reparations) (15 July 2020)
  • Alex Thomas v United Republic of Tanzania (Merits) (20 November 2015)
  • Kouassi Kouamé Patrice and Baba Sylla v Republic of Côte d'Ivoire (Application No. 015/2021)
  • Beneficiaries of the late Norbert Zongo and Others v Burkina Faso (Merits) (24 June 2014)
  • Boniface Aristedes v United Republic of Tanzania (Application No. 025/2018)
  • Niyonzima Augustine v United Republic of Tanzania (Application No. 058/2016)
  • Ligue ivoirienne des droits de l'homme (LIDHO) and Others v Republic of Côte d'Ivoire (Application No. 041/2016)
  • Kanté and Others v Republic of Mali (Admissibility) (25 June 2021)
  • Komi Koutché v Republic of Benin (Jurisdiction and Admissibility) (26 September 2021)
  • Issiaka Keïta and Others v Republic of Mali (Application No. 005/2019)
  • Kijiji Isiaga v United Republic of Tanzania (Merits) (2018)
  • Oumar Mariko v Republic of Mali (Application No. 029/2018)
  • Deogratious Nicolaus Jeshi v Republic of Tanzania (Application No. 017/2016)
  • Andrew Ambrose Cheusi v Republic of Tanzania (Merits) (26 June 2020)
  • Conaïde Togla Latondji Akouedenoudje v Republic of Benin (Application No. 024/2020)
  • Sébastien Germain Ajavon v Republic of Benin (Merits) (29 March 2019)
  • Houngué Éric Noudéhouenou v Republic of Benin (4 December 2020)
  • Reverend Christopher Mtikila v United Republic of Tanzania (Merits) (14 June 2013)
  • Actions for the Protection of Human Rights v Republic of Côte d'Ivoire (Merits) (18 November 2016)
  • Lohe Issa Konate v Burkina Faso (Merits) (5 December 2014)
  • Ingabire Victoire Umuhoza v Republic of Rwanda (Merits) (24 November 2017)
  • Lohé Issa Konaté v Burkina Faso (Reparations) (3 June 2016)
  • Sébastien Germain Marie Aïkoue Ajavon v Republic of Benin (Merits and Reparations) (29 March 2021)
  • XYZ v Republic of Benin (27 November 2020)
  • Nguza Viking (Babu Seya) and another v United Republic of Tanzania (Reparations) (8 May 2020)
  • Amir Ramadhani v United Republic of Tanzania (Reparations) (25 June 2021)

Full judgment

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

Gbagbo v Republic of Cote D'Ivoire (Application No. 025-2020) [2025] AfCHPR 23 (26 June 2025)
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.