218. The Respondent State also reminds the Court that it was under no obligation to
follow
such
a
resolutely
participatory
approach
by
organising
the
political
dialogue. The Respondent State also did not consider it opportune to lock the
political dialogue into strict terms of reference imposed on the other stakeholders.
219. Regarding the adoption of the Order by the President in March 2020 amending
the law of 5'" of August 2019, the Respondent State notes that the change in the
composition of the electoral body was not to establish a balance which did not
exist. In the contrary, the alteration to the law was simply adopted in pursuance
of its international
human
rights obligations to improve
the standards
of the
electoral body even further.
RK
220. Article
3 of the
ECOWAS
Democracy
Protocol
provides
that
the
“bodies
responsible for organising the elections shall be independent or neutral and shall
have the confidence of all the political actors.
national consultations
shall be
organised
Where necessary,
to determine
appropriate
the nature
and
the
structure of the bodies. [emphasis added]’.
221. In its jurisprudence the Court has held “that institutional independence in itself is
not sufficient to guarantee the transparent, free and fair elections advocated in
the African Charter on Democracy and the ECOWAS
Democracy Protocol. The
electoral body in place should, in addition, be constituted according to law in a
way that guarantees its independence and impartiality and should be perceived
as such.”28
222. In
line
with
jurisprudence
Article
3 of the
ECOWAS
makes
it clear that beyond
Democracy
Protocol,
the
Court’s
the need for de jure guarantees of
independence and impartiality, the Court also requires de facto respect for these
principles supported by the perception of the public.”
23 Actions pour la Protection des Droits de l'Homme (APDH) v. Céte d'Ivoire (merits) (2016) 1 AfCLR
668, § 123.
24 Ibid, § 125.
48