independent candidates may still decide to run under the banner of a political party and, conversely, people affiliated with political parties may decide to break with party discipline and run as independent candidates. 235. Finally, the Respondent State maintains that the new composition of the electoral body does not allow for any imbalanced representation in favour of the government and consequently, cannot give rise to an unfair disadvantage or to any breach of the citizen’s right to equal protection of the law. eK 236. In considering address two the question issues. Firstly, of independent the Court candidates, needs the Court needs to determine whether the to non- representation of independent candidates in the electoral body is a violation of the right to freely participate in government. Secondly, the Court needs to establish whether there is an unfair advantage for electoral candidates originating from the ruling party which would violate the right to equal protection of the law. 237. Article 13(1) of the Charter provides that “Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.” 238. Article 13(2) of the Charter stipulates that “Every citizen shall have the right of equal access to the public service of his country.” 239. Article 10(3) of the ACDEG equality before specifies that “State Parties shall protect the right to the law and equal protection by the law as a fundamental precondition for a just and democratic society.” 240. Article 3(2) of the Charter stipulates that “Every individual shall be entitled to equal protection of the law.” 52