Uganda Case Law

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…

Source excerpt

• Constitutional Amendment
• Electoral Rights
• Presumption Of Innocence
• Effective Remedy
• Freedom Of Association
• National Consensus