Uganda Case Law

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

XYZ v Repubic of Benin (Application No. 003/2021) [2021] AfCHPR 47 (8 April 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2021

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court found that the Applicant failed to demonstrate the urgency required for provisional measures, as there was a significant lapse of time between the issuance of the decree setting the election date and the filing of the application, with no explanation for the delay. The absence of a real and imminent risk of irreparable harm was established, as the Applicant did not show that harm would occur before the Court could render its final judgment. Furthermore, several requests made by the Applicant had already been addressed in previous judgments of the Court, rendering them moot. Requests…

Source excerpt

• Electoral Process
• Judicial Independence
• Provisional Measures
• Human Rights Violations
• Constitutional Amendment

Noudehouenou v Republic of Benin (Application No. 003/2020)

Noudehouenou v Republic of Benin (Application No. 003/2020) [2020] AfCHPR 4 (4 December 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2020

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court found that the revision of the Constitution of Benin was adopted without national consensus, as required by Article 10(2) of the ACDEG and recognized in Beninese constitutional jurisprudence. The process excluded opposition and independent candidates, and the National Assembly that enacted the revision was composed solely of members from the ruling party, undermining the representativeness necessary for consensus. The Court held that, since the entire revision process was tainted by this lack of consensus, it was unnecessary to rule separately on the alleged violations of specific r…

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• Constitutional Amendment
• Electoral Rights
• Presumption Of Innocence
• Effective Remedy
• Freedom Of Association
• National Consensus

Noudehouenou v Republic of Benin (Application No. 003/2020)

Noudehouenou v Republic of Benin (Application No. 003/2020) [2020] AfCHPR 60 (5 May 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2020

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The African Court granted provisional measures to protect an applicant’s ability to stand in Benin’s 2020 elections, while dismissing other requests.

• Political Rights
• Electoral Participation
• Independent Candidates
• Provisional Measures
• Constitutional Amendment
• Administrative Barriers

Xyz v Repubic of Benin

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

Court

African Court on Human and Peoples Rights

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court found that while it had prima facie jurisdiction and acknowledged the importance of the constitutional amendment, the applicant failed to provide evidence of extreme gravity, urgency, or a real and imminent risk of irreparable harm that would occur before the Court could render its final decision. The requirements under Article 27(2) of the Protocol were not met, as the applicant did not substantiate how the alleged constitutional changes would cause immediate and irreparable harm to himself or others. Consequently, the request for provisional measures was dismissed.

Source excerpt

• Constitutional Amendment
• Provisional Measures
• Human Rights Protection
• Democratic Governance

Nyamwasa and Others v Republic of Rwanda (Application No. 016/2015)

Nyamwasa and Others v Republic of Rwanda (Application No. 016/2015) [2017] AfCHPR 126 (24 March 2017)

Court

African Court on Human and Peoples Rights

Case number

Application No. 016/2015

Judge

Ben Achour J, Bossa J, Eno R, Guissè J, Kioko VP, Matusse J, Mengue J, Niyungeko J, Orè P

The African Court dismissed an application for interim measures seeking to stop Rwanda’s constitutional referendum on presidential term limits, finding the request had been overtaken by events.

• Presidential Term Limits
• Constitutional Amendment
• Right To Participate In Government
• Judicial Independence
• Interim-measures
• Constitutional-amendment