45. Before we progress further with this issue, we deem
it necessary to
reproduce the provisions of the Treaty that are under scrutiny herein
for ease of reference.
Article 6(d)
“The
fundamental
achievement
principles
that
shall
govern
of the objectives of the Community
the
by the
Partner States shall include:
(d)
good
governance
principles
including
of
....
the
transparency
...
as
promotion
rights
in
African
and
rule
accordance
Charter
on
of
well
protection
adherence
law,
as
to
the
accountability,
the
of human
recognition,
and
with
the
provisions
Human
and
Peoples’
peoples
of
the
Rights.”
(Our emphasis)
Article 7(2)
“The Partner States undertake to abide by the principles
of
good
governance,
including
adherence
to
the
principles of .... the rule of law ... and the maintenance
of universally accepted
standards of human rights.” (Our
emphasis)
46. Similarly, the provisions of Act No.
1/26 that were challenged
in the
Reference are reproduced below.
Article 2
“The
Court
hear appeals
Reference No.1 5 of 2014
is a legal framework with the jurisdiction
at the last resort against
decisions
to
made
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