Wakilii

Xyz v Repubic of Benin (Application No. 003-2021)

African Court on Human and Peoples' Rights · [2020] AfCHPR 8 · 2020 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of electoral rights and seeking annulment of local and municipal elections
Decision
Application partly allowed; Respondent State found to have violated Article 13(1) of the Charter by establishing an electoral body lacking guarantees of independence and impartiality; ordered to reform the composition of COS-LEPI before future elections

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court held that Benin violated the right to participate in government by establishing an electoral body (COS-LEPI) whose composition did not guarantee independence and impartiality, as seven of eleven members were controlled by the Government. The Court dismissed claims regarding the illegitimacy of the National Assembly, the timing of electoral law amendments, and the request to annul the May 2020 local elections.

Outcome

Application partly allowed; Respondent State found to have violated Article 13(1) of the Charter by establishing an electoral body lacking guarantees of independence and impartiality; ordered to reform the composition of COS-LEPI before future elections

Facts

An anonymous Beninese national challenged the composition and independence of electoral bodies established under Benin's Electoral Codes of 2018 and 2019. The Applicant alleged that the National Assembly that amended the electoral laws was illegitimate because it comprised only members of the presidential camp with no serious opposition. He further alleged that the Guidance and Supervision Council of the Permanent Computerised Electoral List (COS-LEPI) and the Independent National Electoral Commission (CENA) lacked independence and impartiality because their members represented only political parties aligned with the President. COS-LEPI comprised eleven members: five appointed by the parliamentary majority, four by the parliamentary minority, and two government-appointed Directors General. The Applicant sought annulment of the 17 May 2020 local and municipal elections on the grounds that they were organised by non-independent electoral bodies and that the Electoral Code was amended less than six months before the elections.

Issues

  1. Whether the National Assembly that amended the electoral laws was illegitimate and illegal.
  2. Whether the Respondent State violated the obligation to establish independent and impartial electoral bodies.
  3. Whether the Respondent State violated the obligation not to make unilateral and substantial amendments to electoral laws less than six months before elections without the consent of a majority of political actors.
  4. Whether the Respondent State violated the obligation to guarantee national and international peace and security.
  5. Whether the Respondent State violated the right to equal protection of the law.

Orders

  • Objection on jurisdiction dismissed.
  • Court has jurisdiction.
  • Objections to admissibility dismissed.
  • Application is admissible.
  • Allegation of illegitimacy and illegality of the National Assembly not established.
  • Allegation of lack of independence and impartiality of CENA not established.
  • Respondent State did not violate the right to equal protection of the law under Article 3(2) of the Charter.
  • Respondent State did not violate the obligation not to modify electoral law within six months preceding elections under Article 2(1) of the ECOWAS Protocol on Democracy.
  • Respondent State violated the right of citizens to participate freely in government under Article 13(1) of the Charter, as the composition of COS-LEPI does not provide guarantees of independence and impartiality required by Article 17(1) of ACDEG and Article 3 of the ECOWAS Protocol on Democracy.
  • Counterclaim of the Respondent State dismissed.
  • Request to annul the municipal and local elections of 17 May 2020 dismissed.
  • Respondent State ordered to take necessary measures to bring the composition of COS-LEPI into conformity with Article 17(1) of ACDEG and Article 3 of the ECOWAS Protocol on Democracy before any election.
  • Respondent State ordered to submit a report on implementation measures within three months.
  • Each party to bear its own costs.

Rules and key headnotes

Electoral Law — Independence and Impartiality of Electoral Bodies — Composition Requirements
An electoral body is independent when it has administrative and financial autonomy and offers sufficient guarantees of its members' independence and impartiality; the composition of an electoral body must be balanced to provide such guarantees.
Electoral Law — Electoral Bodies — Government Control Over Majority of Members
Where seven out of eleven members of an electoral body are under the control of the Government, the body does not offer sufficient guarantees of independence and impartiality as required by Article 17(1) of the African Charter on Democracy, Elections and Governance and Article 3 of the ECOWAS Protocol on Democracy.
Electoral Law — Amendment of Electoral Laws — Six-Month Rule
The prohibition on amending electoral laws less than six months before elections without consensus aims to avoid changes that favour or disadvantage certain candidates or political parties on the imminence of elections; the six-month period is computed from the date of publication of the amended law to the date of voting.
Human Rights — Right to Participate in Government — Standing to Bring Application
A citizen has standing to challenge electoral laws and processes that have a potential impact on his right to participate in the government of his country, even without demonstrating a direct personal interest in the matter, where the contested legal provisions are matters of public interest affecting all citizens.
Constitutional Law — Exhaustion of Local Remedies — Constitutional Review
Where a Constitutional Court has previously ruled on the conformity of electoral laws with the constitution, it would not be reasonable to require an applicant to submit to the Constitutional Court matters on which the said Court has already ruled; the declaration of constitutional conformity of a law presupposes its conformity with the African Charter and its additional instruments.
Administrative Law — Reparations — Annulment of Elections
A court has the power to order the annulment of an election if it deems this measure appropriate to remedy a violation found; in determining whether to annul an election, the court takes into account the gravity of the violations found, their implications for the credibility of the entire electoral process, and the impact of such a measure on the security and stability of the country.

Legislation cited (9)

  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 3(2)
  • African Charter on Human and Peoples' Rights Article 23
  • African Charter on Democracy, Elections and Governance Article 17
  • ECOWAS Protocol on Democracy and Good Governance Article 2(1)
  • ECOWAS Protocol on Democracy and Good Governance Article 3
  • Electoral Code of Benin 2018
  • Electoral Code of Benin 2019
  • Constitution of Benin Article 117

Cases cited (12)

  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • Franck David Omary and others v United Republic of Tanzania (28 March 2014)
  • Peter Chacha v United Republic of Tanzania (28 March 2014)
  • Actions pour la protection des droits de l'homme v Republic of Cote d'Ivoire (18 November 2016)
  • Sébastien Ajavon v Republic of Benin (Application No. 013/2017)
  • Tanganyika Law Society and others v United Republic of Tanzania (14 June 2013)
  • Alex Thomas v United Republic of Tanzania (20 November 2015)
  • Suy Bi Gohore Emile v Republic of Côte d'Ivoire (Application No. 044/2017)
  • Beneficiaries of the late Norbert Zongo and others v Burkina Faso (2014)
  • Jebra Kambole v United Republic of Tanzania (Application No. 018/2018)
  • Kennedy Owino Onyachi and Charles John Mwanini Njoka v United Republic of Tanzania (28 September 2017)
  • Lucien Ikili Rashidi v United Republic of Tanzania (Application No. 009/2015)

Full judgment

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

Xyz v Repubic of Benin (Application No. 003-2021) [2020] AfCHPR 8 (27 November 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.