Wakilii

Xyz v Repubic of Benin

African Court on Human and Peoples' Rights · [2020] AfCHPR 51 · 2020 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 challenging constitutional amendment
Decision
Application for provisional measures dismissed; merits application remains pending

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The African Court on Human and Peoples' Rights dismissed the applicant's request for provisional measures to stay implementation of Benin's constitutional amendment Law No. 2019-40. The Court held that while it had prima facie jurisdiction, the applicant failed to demonstrate the requisite extreme gravity, urgency, or risk of serious and irreparable harm to persons required under Article 27(2) of the Protocol.

Outcome

Application for provisional measures dismissed; merits application remains pending

Facts

The applicant, a citizen of Benin granted anonymity by the Court, challenged Law No. 2019-40 adopted by Benin's National Assembly on 31 October 2019, which amended the Constitution. The Constitutional Court of Benin validated the law on 6 November 2019 following referral by the President. The applicant alleged the amendment was based on a unilateral constitutional review initiated by the President for political gains and violated rights under the African Charter and the African Charter on Democracy Elections and Governance. The applicant claimed the amendment legitimized a parliament based on violent and non-inclusive elections of 28 April 2019 and introduced major reforms without consensus. The applicant sought provisional measures to stay implementation of the law and return to the status quo ante pending determination of the merits.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures.
  2. Whether the conditions for granting provisional measures under Article 27(2) of the Protocol are satisfied, namely extreme gravity, urgency, and risk of irreparable harm to persons.

Orders

  • Request for provisional measures dismissed.

Rules and key headnotes

Provisional Measures — Prima Facie Jurisdiction
When considering a request for provisional measures, the African Court on Human and Peoples' Rights need not satisfy itself that it has jurisdiction on the merits of the case, but simply that it has prima facie jurisdiction.
Provisional Measures — Requirements for Grant
The African Court on Human and Peoples' Rights may grant provisional measures under Article 27(2) of the Protocol only where the applicant demonstrates extreme gravity, urgency, and risk of irreparable harm to persons. These measures are of a preventive character and do not prejudge the merits of the application.
Provisional Measures — Urgency and Irreparable Harm
Urgency, which is linked to extreme gravity, means a real and imminent likelihood that irreparable harm will be caused before the Court renders its final decision. There is urgency whenever acts likely to cause irreparable harm can occur at any time before the final decision.

Legislation cited (12)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 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)
  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 9(1)
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 20(1)
  • African Charter on Human and Peoples' Rights Article 22(1)
  • African Charter on Democracy Elections and Governance Article 10(2)
  • African Charter on Democracy Elections and Governance Article 23(5)
  • Law No. 2019-40 of 31 October 2019
  • Law No. 90-032 of 11 December 1990

Cases cited (5)

  • African Commission on Human and Peoples' Rights v Libya (Application No. 002/2013)
  • Amini Jumd v United Republic of Tanzania (Application No. 024/2016)
  • Gambia v Myanmar (ICJ, 23 January 2020)
  • Islamic Republic of Iran v United States of America (ICJ, 3 October 2018)
  • Equatorial Guinea v France (ICJ, 7 December 2016)

Full judgment

↓ Download PDF

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

Xyz v Repubic of Benin [2020] AfCHPR 51 (3 April 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.