Wakilii

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

African Court on Human and Peoples' Rights · [2021] AfCHPR 47 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures to suspend presidential election and related electoral processes
Decision
Application for provisional measures dismissed unanimously

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 dismissed an application for provisional measures seeking to suspend Benin's presidential election. The Court found it had prima facie jurisdiction but held that the applicant failed to demonstrate urgency, having waited nearly two months after the electoral decree before filing. The Court ruled that several requests were moot as they had already been addressed in prior judgments against Benin, and that termination of the President's mandate was a merits issue inappropriate for provisional measures.

Outcome

Application for provisional measures dismissed unanimously

Facts

XYZ, a Benin national granted anonymity for security reasons, filed an application on 18 January 2021 seeking provisional measures to suspend the presidential election scheduled for 11 April 2021. The applicant alleged that Benin was proceeding with the election despite previous African Court judgments ordering repeal of the Revised Constitution and Electoral Code, and requiring guarantees of independence for the Constitutional Court and COS-LEPI. The electoral calendar had been set by Decree No. 2020-563 of 25 November 2020. The applicant claimed the electoral process violated multiple Charter rights and risked destabilisation. Benin had withdrawn its Article 34(6) Declaration on 25 March 2020, effective 26 March 2021, but the Court held this did not affect cases filed before that date. The respondent State did not file a response to the provisional measures request.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the request for provisional measures.
  2. Whether the conditions of extreme gravity, urgency, and irreparable harm are met to justify suspension of the electoral process for the presidential election.
  3. Whether the requests to guarantee independence of the Constitutional Court and COS-LEPI, and to abolish eligibility conditions, are moot in light of previous judgments.
  4. Whether the Court should terminate the President's mandate and order participation of opposition candidates as provisional measures.

Orders

  • Request for provisional measures dismissed.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
In applications for provisional measures, the Court need not establish that it has jurisdiction on the merits but only that it has prima facie jurisdiction.
Human Rights — Withdrawal of Declaration under Article 34(6) — Effect on Pending and New Cases
Withdrawal of a State's Declaration under Article 34(6) of the Protocol has no retroactive effect and does not affect the Court's jurisdiction over cases filed before the effective date of withdrawal, which occurs one year after deposit of the withdrawal instrument.
Human Rights — Provisional Measures — Requirements of Urgency and Irreparable Harm
Provisional measures under Article 27(2) of the Protocol require demonstration of extreme gravity, urgency, and necessity to avoid irreparable harm. Urgency means an irreparable and imminent risk will be caused before final judgment. The risk must be real, not hypothetical, and there must be a reasonable probability of occurrence. Delay in filing an application casts doubt on the existence of urgency.
Human Rights — Provisional Measures — Mootness Where Relief Already Ordered
A request for provisional measures is moot where the relief sought has already been ordered by the Court in previous judgments against the same respondent State.
Human Rights — Provisional Measures — Distinction from Merits
Provisional measures are preventive in nature and do not prejudge the merits of an application. Issues that require determination on the merits, such as termination of a head of state's mandate, cannot be considered in a request for provisional measures.

Legislation cited (22)

  • 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 3
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 9(2)
  • African Charter on Human and Peoples' Rights Article 10(1)
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 15
  • African Charter on Human and Peoples' Rights Article 20(1)
  • African Charter on Human and Peoples' Rights Article 22(1)
  • African Charter on Human and Peoples' Rights Article 23(1)
  • African Charter on Human and Peoples' Rights Article 26
  • 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 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 Elections Democracy and Governance Article 17(1)
  • African Charter on Elections Democracy and Governance Article 17(2)
  • ECOWAS Protocol Article 3
  • Law No. 2019-40 of 7 November 2019
  • Law No. 2019-43 of 15 November 2019
  • Decree No. 2020-563 of 25 November 2020
  • Inter-ministerial Decree No.023/MJL/DC/SGM/DACPG/SA023SGG19 of 22 July 2019

Cases cited (10)

  • Ingabire Victoire Umuhoza v Republic of Rwanda (Jurisdiction) (3 June 2016)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • XYZ v Republic of Benin (Application No. 059/2019)
  • XYZ v Republic of Benin (Application No. 010/2020)
  • Komi Koutche v Republic of Benin (Application No. 020/2019)
  • Sébastien Ajavon v Republic of Benin (Application No. 062/2019)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 032/2020)
  • XYZ v Republic of Benin (Application No. 010/2020)
  • XYZ v Republic of Benin (Application No. 059/2019)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)

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) [2021] AfCHPR 47 (8 April 2021)
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.