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…

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

Mariko v Republic of Mali (Application No. 029/2018)

Mariko v Republic of Mali (Application No. 029/2018) [2022] AfCHPR 6 (24 March 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 029/2018

Judge

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

The African Court found Mali violated fair-hearing guarantees, judicial independence, and electoral-body independence, and awarded 1,000,000 CFA francs in moral damages.

• Right To Fair Trial
• Judicial Independence
• Electoral Bodies
• Adversarial Proceedings
• Effective Remedy
• Moral Damages

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

Collectif Des Anciens Travailleurs De La Semico Tabakoto v Republic of Mali

Collectif Des Anciens Travailleurs De La Semico Tabakoto v Republic of Mali [2020] AfCHPR 12 (27 November 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 African Court held it had jurisdiction over the application but found it inadmissible because the applicants’ representative lacked a valid mandate before the Court.

• Access To Court
• Right To Health
• Environmental Protection
• Legal Personality
• Effective Remedy
• Access-to-court

Fidele and Another v Côte d'Ivoire (Application No. 046/2019; Application No. 048/2019)

Fidele and Another v Côte d'Ivoire (Application No. 046/2019; Application No. 048/2019) [2019] AfCHPR 56 (2 December 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 046/2019 ; Application No. 048/2019

Judge

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

The Court determined that the two applications, although filed by different applicants, are against the same respondent state, represented by the same lawyer, and arise from similar facts—namely, the applicants' conviction and sentencing for theft and armed robbery without legal representation, with the sentences upheld on appeal. Both applicants allege similar violations of their rights to a fair trial, effective remedy, access to counsel, justice, and equality of arms under international human rights instruments. Given the similarity of facts, alleged violations, and reliefs sought, as well…

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• Joinder Of Cases
• Right To Fair Trial
• Access To Counsel
• Effective Remedy

Taudier and Others v Côte d'Ivoire (Application No. 17/2019; Application No. 18/2019; Application No. 19/2019)

Taudier and Others v Côte d'Ivoire (Application No. 17/2019; Application No. 18/2019; Application No. 19/2019) [2019] AfCHPR 57 (2 December 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 17/2019 ; Application No. 18/2019 ; Application No. 19/2019

Judge

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

The African Court ordered joinder of three applications by different applicants against Côte d’Ivoire because they arose from similar facts, legal complaints, and requested relief.

• Fair Trial Rights
• Effective Remedy
• Sentencing Proportionality
• Adversarial Principle
• Judicial Reasoning
• Presidential Pardon

François and Others v Côte d'Ivoire (Application No. 049/2019; Application No. 050/2019; Application No. 052/2019)

François and Others v Côte d'Ivoire (Application No. 049/2019; Application No. 050/2019; Application No. 052/2019) [2019] AfCHPR 55 (2 December 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 049/2019 ; Application No. 050/2019 ; Application No. 052/2019

Judge

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

The African Court joined three related applications by separate applicants against Côte d’Ivoire because they arose from the same trial, facts, and alleged rights violations.

• Joinder Of Cases
• Right To Fair Trial
• Effective Remedy
• Access To Justice
• Joinder-of-cases
• Fair-trial-rights

Kalilou v Republic of Cote d’Ivoire; Ibrahim v Republic of Cote d’Ivoire (Application No. 036/2019; Application No. 037/2019)

Kalilou v Republic of Cote d’Ivoire; Ibrahim v Republic of Cote d’Ivoire (Application No. 036/2019; Application No. 037/2019) [2019] AfCHPR 82 (26 September 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 036/2019 ; Application No. 037/2019

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 ordered joinder of two related applications because they involved similar facts, alleged violations, remedies, and the same respondent state.

• Joinder Of Cases
• Fair Trial Rights
• Access To Justice
• Effective Remedy
• Equality And Dignity
• Joinder-of-cases

Kalilou and Another v Côte d'Ivoire (Application No. 036/2019; Application No. 037/2019)

Kalilou and Another v Côte d'Ivoire (Application No. 036/2019; Application No. 037/2019) [2019] AfCHPR 33 (13 September 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 036/2019 ; Application No. 037/2019

Judge

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

The Court determined that the applications by Konate Kalilou and Doumbia Ibrahim are based on substantially similar facts, legal issues, and reliefs sought, all directed against the Republic of Côte d'Ivoire. Both applicants were tried and sentenced for the same offence, allege violations of comparable rights, and are represented by the same lawyer. The consolidation of cases is appropriate for judicial economy and the good administration of justice, as permitted by Rule 54 of the Rules of Procedure. The joinder will facilitate efficient handling of the proceedings and ensure consistency in t…

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• Joinder Of Cases
• Right To Fair Trial
• Access To Justice
• Effective Remedy

Gombert v Republic of Côte d’Ivoire (Application No. 038/2016)

Gombert v Republic of Côte d’Ivoire (Application No. 038/2016) [2018] AfCHPR 4 (22 March 2018)

Court

African Court on Human and Peoples Rights

Case number

Application No. 038/2016

Judge

Ben Achour J, Bensaoula J, Chizumila J, Eno R, Guissè J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Niyungeko J

The Court found that the application was inadmissible because the dispute had already been settled by the ECOWAS Court of Justice, which had rendered two decisions on the merits involving the same parties and substantially identical claims. The Court determined that the conditions of identity of parties, identity of claims, and existence of a prior decision on the merits were met. Furthermore, the ECOWAS Court had examined the case under the same provisions of the African Charter as those relied upon by the applicant, thus satisfying the requirement that the matter be settled in accordance wi…

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• Fair Trial Rights
• Equality Before The Law
• Effective Remedy
• Admissibility Requirements
• Exhaustion Of Local Remedies