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Waliss v Burkina Faso and Others (Application No. 001-2025)

African Court on Human and Peoples' Rights · [2025] AfCHPR 28 · 2025 Application Dismissed 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 dismissed without prejudice to the merits of the application

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights dismissed the applicant's request for provisional measures on the ground that the measures sought were identical to the relief claimed on the merits and would prejudge the substantive application. The Court found it had prima facie jurisdiction but held that examining the provisional measures would necessarily require it to rule on issues reserved for determination at the merits stage.

Outcome

Request for provisional measures dismissed without prejudice to the merits of the application

Facts

The applicant, a Beninese national and economist, filed an application against four WAEMU member states alleging that they violated his human rights by recognising the election of Mr Patrice Talon as President of Benin and appointing him Chairperson of the WAEMU Conference on 25 March 2022. The applicant contended that the respondent states should not have recognised Talon's election given alleged human rights violations before and after the election. He sought provisional measures compelling the respondent states to ensure Benin's compliance with African Court decisions and to withhold recognition of any Beninese leader emerging from elections organised in violation of international human rights standards. The applicant argued urgency and extreme gravity on the basis that the 2026 Benin elections would be conducted under laws violating fundamental rights and that the regime would continue to burden Benin with debt.

Issues

  1. Whether the Court has prima facie jurisdiction to entertain the request for provisional measures.
  2. Whether the provisional measures requested prejudge the merits of the application.
  3. Whether the conditions for granting provisional measures under Article 27(2) of the Protocol are satisfied.

Orders

  • Request for provisional measures dismissed.

Rules and key headnotes

Provisional Measures — Prima Facie Jurisdiction — African Court on Human and Peoples' Rights
In matters of provisional measures, the African Court on Human and Peoples' Rights need not ensure that it has jurisdiction over the merits of the case, but only that it has prima facie jurisdiction.
Provisional Measures — Conditions for Grant — Extreme Gravity and Urgency
The African Court may only order provisional measures in cases of extreme gravity or urgency in order to prevent irreparable harm to individuals. Urgency means a real and imminent risk will be caused before the Court renders its final decision, and the risk must be real rather than supposed or hypothetical.
Provisional Measures — Prejudging the Merits — Test for Dismissal
A request for provisional measures prejudges the merits of an application where the measures sought in the request are similar to those sought in the application, where it seeks to achieve the same result, or where it deals with matters on which the Court will necessarily rule when examining the merits of the application.

Legislation cited (13)

  • 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 22
  • 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)
  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 20
  • African Charter on Human and Peoples' Rights Article 22
  • Revised WAEMU Treaty Article 3
  • Rules of Court Rule 9(2)
  • Rules of Court Rule 49(1)
  • Rules of Court Rule 59(1)

Cases cited (8)

  • Komi Koutche v Republic of Benin (Provisional Measures) (2 December 2019)
  • Sébastien Germain Ajavon v Republic of Benin (Provisional Measures) (17 April 2020)
  • Sébastien Ajavon v Republic of Benin (Provisional Measures) (17 April 2020)
  • Elie Sandwidi and Another v Burkina Faso and 3 Others (Provisional Measures) (25 September 2020)
  • Jean de Dieu Ngajigimana v United Republic of Tanzania (Provisional Measures) (26 September 2019)
  • Mohamed Ben Mohamed Taher Zayd v Tunisian Republic (Application No. 005/2022) (16 December 2022)
  • Hasna Ben Slimane v Tunisian Republic (Application No. 007/2024) (3 October 2024)
  • Romaric Jesuskpego Zinsou v Republic of Benin (Provisional Measures) (10 September 2021)

Full judgment

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

Waliss v Burkina Faso and Others (Application No. 001-2025) [2025] AfCHPR 28 (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.