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21 Dec 2022

Constitutional Law [2022] AfCHPR 56

Noudehouenou v Republic of Benin (Application No. 010/2021)

Noudehouenou v Republic of Benin (Application No. 010/2021) [2022] AfCHPR 56 (21 December 2022)

Court: African Court on Human and Peoples Rights
Case number: Application No. 010/2021
Judge: Aboud P, Anukam J, Ben Achour J, Kioko J, Mengue J, Ntsebeza J, Tchikaya VP

The Court found that it had prima facie jurisdiction to entertain the request for provisional measures, as the alleged violations concerned rights protected by instruments ratified by the Respondent States and the relevant Declarations were still effective for the purposes of this Application. However, the requests relating to the 2021 presidential election were declared moot because the election had already taken place. The Court held that it could not order provisional measures against the Executive Council, as it is not a party to the proceedings nor a State Party to the Protocol. The requ…

Source excerpt

Enforcement Of Court Judgments
Right To Effective Remedy
Arbitrary Detention
Election Disputes
Executive Council Liability

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1 Dec 2022

Constitutional Law [2022] AfCHPR 39

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…