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Constitutional Law [2019] AfCHPR 53

XYZ v Benin (Application for Provisional Measures No. 004/2019) (Application No. 059/2019)

XYZ v Benin (Application for Provisional Measures No. 004/2019) (Application No. 059/2019) [2019] AfCHPR 53 (2 December 2019)

Court
African Court on Human and Peoples Rights
Case number
Application No. 059/2019
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 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…

Source excerpt

  • Electoral Commissions
  • Right To Participate In Government
  • Equal Protection
  • Provisional Measures
  • Democratic Governance
  • Judicial Review
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Constitutional Law [2015] UGCC 5

Mugarura v Attorney General

Mugarura v Attorney General (Constitutional Petition No. 23 of 2009) [2015] UGCC 5 (29 September 2015)

Court
Constitutional Court of Uganda
Case number
Constitutional Petition No. 23 of 2009
Judge
Kiryabwire, JA, Nshimye, JA

The court held that the petition disclosed a matter for constitutional interpretation as it alleged acts and cited constitutional provisions allegedly contravened. On the substantive issues, the court found that the petitioner failed to prove that the named commissioners lacked high moral character, proven integrity, or the requisite experience and competence. The court reviewed the commissioners' qualifications and experience, noting their professional backgrounds, prior service, and participation in numerous elections and international observation missions. The court further held that the C…

Source excerpt

  • Electoral Commissions
  • Public Appointments
  • Parliamentary Procedure
  • Constitutional Interpretation
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Constitutional Law [2015] UGCC 93

Mugarura v Attorney General

Mugarura v Attorney General (Constitutional Petition No. 23 of 2009) [2015] UGCC 93 (29 September 2015)

Court
Constitutional Court of Uganda
Case number
Constitutional Petition No. 23 of 2009

The court held that the petition disclosed a matter for constitutional interpretation as it alleged acts and cited constitutional provisions allegedly contravened. On the substantive issues, the court found that the petitioner failed to prove that the commissioners lacked high moral character, proven integrity, considerable experience, or demonstrated competence in public affairs. The commissioners' CVs and affidavits established their qualifications, experience, and competence, including their roles in organizing numerous elections and participating in international observation missions. The…

Source excerpt

  • Electoral Commissions
  • Public Appointments
  • Parliamentary Procedure
  • Constitutional Interpretation
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.