The African Court joined provisional measures with the merits in a challenge to Tunisia’s exceptional decrees, finding the requested interim relief overlapped with the substantive case.
The African Court granted provisional measures in part, ordering Benin to remove obstacles to the applicant’s candidacy for the 2021 presidential election.
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.
The Court found that while it had prima facie jurisdiction to consider the application, the Applicant failed to provide evidence of extreme gravity, urgency, or a serious risk of irreparable harm as required for the grant of provisional measures under Article 27(2) of the Protocol. The Applicant's allegations regarding the neutrality of the COS and the potential impact on the electoral process were deemed to relate to the merits of the case, which would be addressed in due course. In the absence of substantiated evidence demonstrating imminent and irreparable harm, the Court concluded that th…