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Uganda decisions
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Shaibu and Others v United Republic of Tanzania (Application No. 046/2020) [2025] AfCHPR 16 (28 February 2025)
The African Court reopened pleadings in an election-related application against Tanzania and allowed two organizations to participate as amici curiae.
Hamad and Others v United Republic of Tanzania (Application No. 046/2020) [2021] AfCHPR 45 (4 May 2021)
The African Court struck out the deceased first applicant from a multi-party application and renamed the case accordingly, finding no prejudice to the respondent.
Noudehouenou v Republic of Benin (Application No. 003/2020) [2020] AfCHPR 4 (4 December 2020)
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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Legal and Human Rights Centre and Another v United Republic of Tanzania [2020] AfCHPR 16 (30 October 2020)
The Court found that while it has prima facie jurisdiction to hear the Application, the Applicants failed to demonstrate the existence of circumstances of extreme gravity and urgency or that irreparable harm would result if the 2020 elections proceeded under the current legal framework. The Applicants did not provide sufficient evidence that they or Tanzanian citizens would be prevented from participating in the electoral process or that such participation would result in irreparable harm. The Court also noted that the Applicants delayed seeking provisional measures despite being aware of the…
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Bocoum v Republic of Mali [2020] AfCHPR 17 (23 October 2020)
The African Court held that the request for provisional measures in Babarou Bocoum v Republic of Mali had become moot after the political situation changed.
Gbagbo v Republic of Cote D'Ivoire [2020] AfCHPR 21 (25 September 2020)
The Court found that the Applicant's removal from the voters' register and the inclusion of his criminal conviction in his record, if not suspended, would likely cause irreparable harm to his civil and political rights, especially in the context of imminent general elections. The Court determined that it had prima facie jurisdiction to hear the Application, as the Respondent State's withdrawal of its Declaration under Article 34(6) of the Protocol would only take effect one year after deposit and did not affect cases already pending. The Court held that the circumstances were of extreme gravi…
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Noudehouenou v Republic of Benin (Application No. 003/2020) [2020] AfCHPR 31 (25 September 2020)
The African Court granted provisional measures in part, ordering Benin to remove obstacles to the applicant’s candidacy for the 2021 presidential election.
XYZ v Benin (Application for Provisional Measures No. 002/2019) (Application 57 of 2019) [2019] AfCHPR 59 (2 December 2019)
The African Court dismissed an application for provisional measures in a challenge to Benin’s handling of Lionel Zinsou’s conviction, finding no extreme urgency or irreparable harm.
XYZ v Republic of Benin (Application No. 057/2019) [2019] AfCHPR 96 (2 December 2019)
The Court found that the applicant failed to provide sufficient information to demonstrate the existence of extreme gravity, urgency, or risk of irreparable harm that would justify the issuance of provisional measures. The Court also accepted the respondent's argument that, by operation of law, the execution of the impugned judgment is stayed following the filing of an appeal by Mr. Lionel Zinsou. As the conditions set out in Article 27(2) of the Protocol were not met, the Court dismissed the application for provisional measures. The decision does not prejudge the merits of the main applicati…
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Kwizera Eddie v Attorney General (Constitutional Petition No. 14 of 2005) [2006] UGCA 2 (25 August 2006)
The court held that its role is to harmonise constitutional provisions and not to nullify any part of the Constitution. Article 80(4), which requires public officers and certain government employees to resign 90 days before nomination for parliamentary elections, was found to be inconsistent with articles 1(4) and 21(1) because it excludes the political class from this requirement, thereby creating inequality and discrimination in the electoral process. The court found that this omission gives the political class an unfair advantage and undermines the principle of free and fair elections. How…
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