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Noudehouenou v Republic of Benin (Application No. 003-2020)

African Court on Human and Peoples' Rights · [2020] AfCHPR 60 · 2020 Application Partly Allowed 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
Provisional measures partly granted; Respondent State ordered to remove obstacles to Applicant's candidacy in upcoming elections

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 it has prima facie jurisdiction to hear the application for provisional measures despite Benin's withdrawal of its Article 34(6) Declaration, as the withdrawal has no retroactive effect on pending cases. The Court granted provisional measures ordering Benin to remove all administrative, judicial and political impediments to the applicant's candidacy in the upcoming communal elections, finding that the requirements of urgency and irreparable harm were met regarding the applicant's political rights under the African Charter.

Outcome

Provisional measures partly granted; Respondent State ordered to remove obstacles to Applicant's candidacy in upcoming elections

Facts

Houngue Eric Noudehouenou, a Benin national, challenged Law No. 2019-40 of 7 November 2019 amending the Beninese Constitution, which excluded citizens not affiliated with a political party from participating in public affairs and introduced a sponsorship requirement for presidential candidates. The law also required a tax receipt from the Director of Taxes and a certificate of compliance from the Constitutional Council. The Applicant sought provisional measures ahead of the 17 May 2020 communal and municipal elections, arguing that these requirements prevented him from standing as an independent candidate. Benin had deposited an instrument of withdrawal of its Article 34(6) Declaration on 25 March 2020, after the application was filed.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures.
  2. Whether the application for provisional measures is admissible.
  3. Whether the conditions for granting provisional measures under Article 27(2) of the Protocol (extreme gravity, urgency, and irreparable harm) are satisfied.
  4. Whether the Court should interpret Article 13(1) of the African Charter as a provisional measure.
  5. Whether the Respondent State should be ordered to remove administrative, judicial and political obstacles to the Applicant's candidacy in the 2020 communal elections.

Orders

  • The Respondent State is ordered to take all necessary measures to effectively remove all administrative, judicial and political impediments to the candidacy of the Applicant in the upcoming communal, municipal, ward, city or village elections.
  • The Respondent State is requested to report on the implementation of this Ruling within fifteen (15) days from the date of receipt.
  • All other measures requested are dismissed.

Rules and key headnotes

Human Rights — Jurisdiction — Withdrawal of Declaration — Retroactive Effect
The withdrawal of a Declaration deposited under Article 34(6) of the Protocol to the African Charter has no retroactive effect and has no bearing on cases pending at the time of notification of the withdrawal, and any withdrawal does not take effect until twelve months after the instrument of withdrawal has been deposited.
Human Rights — Provisional Measures — Prima Facie Jurisdiction
In matters of provisional measures, the Court need not be satisfied that it has jurisdiction over the merits of the case, but merely that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Admissibility Requirements
Neither the African Charter nor the Protocol stipulates admissibility requirements in respect of provisional measures, the examination of such measures being subject only to prima facie jurisdiction; the Court does not examine the admissibility of requested provisional measures but limits itself to examining its prima facie jurisdiction.
Human Rights — Provisional Measures — Requirements for Grant
The Court may only order provisional measures pendente lite if the basic requirements are met, namely extreme gravity or urgency and the prevention of irreparable harm to persons; urgency means there is an irreparable and imminent risk of irreparable harm being caused before the Court renders its final decision, and the risk must be real, excluding purely hypothetical risk.
Electoral Law — Political Rights — Right to Stand for Election — Independent Candidates
Where a citizen cannot be a candidate in upcoming elections due to administrative requirements excluding independent candidates, the risk of not running is real and the irreparable nature of the resulting harm is indisputable, justifying provisional measures to remove administrative, judicial and political obstacles to candidacy.
Human Rights — Provisional Measures — Scope — Interpretation of Charter Provisions
A request for the Court to interpret a provision of the African Charter or to determine the manner in which it is to be applied as a provisional measure goes beyond the Court's strict litigation function and necessarily prejudges the merits of the case, and will be dismissed.

Legislation cited (10)

  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 13(1)
  • 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 5(3)
  • 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 34(6)
  • Rules of Court Article 51(1)
  • Law No. 2019-40 of 7 November 2019 (Benin)
  • Law No. 2018-23 of 17 September 2018 (Benin)
  • Law No. 2018-31 of 9 October 2018 (Benin)

Cases cited (8)

  • Ingabiré Victoire v Republic of Rwanda (Application No. 003/2014)
  • Action pour la Protection des Droits de l'Homme v Republic of Côte d'Ivoire (2016)
  • XYZ v Republic of Benin (Application No. 058/2019)
  • Komi Koutche v Republic of Benin (Application No. 020/2019)
  • African Commission on Human and Peoples' Rights v Libya (Application No. 002/2013)
  • African Commission on Human and Peoples' Rights v Kenya (Application No. 006/2012)
  • African Commission on Human and Peoples' Rights v Libya (Application No. 004/2011)
  • Sébastien Germain Ajavon v Republic of Benin (2020)

Full judgment

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Noudehouenou v Republic of Benin (Application No. 003-2020) [2020] AfCHPR 60 (5 May 2020)
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.