103. The Court, in its previous judgments in the Matters of Reverend Christopher R.
Mtikila and Lohé Issa Konaté, decided that “there was no need to go through the
same judicial process the outcome of which was known",
104. In view
of the
Applicant
to
aforesaid,
exercise
the Court
the
finds
remedies
that
mentioned
it was
by
not necessary
for the
Respondent
(supra,
the
paragraphs 85 and 86).
105. The Court consequently declares the Application admissible.
106. Having
declared
that it has jurisdiction to deal with
this matter and that the
Application is admissible, the Court will now consider the merits of the case.
Vil.
MERITS OF THE CASE
107. The
Applicant
alleges that the Respondent
State violated
its commitment
to
establish an independent and impartial electoral body as well as its commitment
to protect the right to equality before the law and to equal protection by the law,
as prescribed
in particular by Articles 3 and
13 (1 and 2) of the Charter on
Human
Rights, Articles 10(3) and 17(1) of the African Charter on Democracy,
Article
3 of the
ECOWAS
Democracy
Protocol,
Article
1
of the
Universal
Declaration of Human Rights and Article 26 of the Covenant.
a)
The
allegation
according
to
which
the
Respondent
State
violated
its
obligation to establish an independent and impartial electoral body
108. The
Applicant
independent
and
submits
that
the
right
for
impartial electoral bodies
the
citizens
emanates
to
have
national
from the commitment
* Reverend Christopher R. Mtikila (Preliminary Objection of Inadmissibility) Judgment of 14 June 2014, paragraph
82.3 and Lohé Issa Konaté (Application 004/2013, Judgment of 5 December, 2014, paragraph 112
aCeNE 2 Ss