Uganda Case Law

Noudehouenou v Republic of Benin (Application No. 028/2020)

Noudehouenou v Republic of Benin (Application No. 028/2020) [2022] AfCHPR 39 (1 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 028/2020

Judge

Aboud P, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the composition and functioning of the High Judicial Council (HJC) in Benin, as structured by the impugned legislation, is dominated by the executive branch, including the President of the Republic and several ministers, with the President holding the casting vote and appointing a majority of members. This arrangement undermines the independence of the judiciary, violating Article 26 of the African Charter. Regarding Article 410(3) of the Penal Code, the Court held that restricting technical commentary on judicial decisions to specialized journals is an unjustified and di…

Source excerpt

• Judicial Independence
• Freedom Of Expression
• Enforcement Of Court Judgments
• Effective Remedy
• Composition Of Judicial Councils
• Moral Damages