A/SA/1/12/16 on Enhancement of the Powers of the ECOWAS Parliament, Article 1 of
the ECOWAS Supplementary Protocol A/SP/1/12/01 of 21/12/2001 on Good
Governance Democracy and 8 of the Rules of Procedure of the 4th Legislature of the
ECOWAS Parliament of 8th February 2016;
22. That this entity was responsible for ensuring the compliance of the acts and of the
whole procedure followed during the proceedings and the investigation;
23. But in order to reject the claim for invalidity concerning breach of Article 86 of the
Rules of Procedure of the National Assembly of Burkina Faso, the Control Chamber
concluded that:" In accordance with Article 86 of the Rules of Procedure of the National
Assembly, the request for waiver of immunity of a parliamentarian must be made by the
Attorney General; whereas, however, only the National Assembly remains competent to
assess the validity of the petition, since Article 86 (2) gives it the opportunity to declare
the application inadmissible; whereas, therefore, it is not for the Chamber to rule on the
compliance of the consultation of the National Assembly"
24. That the Chamber of Control itself acknowledges that this provision has been
infringed, but considers that it has no competence to declare invalidity, whereas the
Article 206 of the Code of Criminal Procedure gives it the power to verify the compliance
of the proceedings brought before it;
25. That it was wrong and in flagrant violation of Articles 206 of the Code of Criminal
Procedure and 101 of the Code of Military Justice that the Chamber of Control issued
the Judgment No. 076 of 12/29/2017;
3. The Applicant's Conclusions:
The applicant thus formulates the following requests:
With regards to the form that the application be considered admissible;
6