“SBEE”) on the one hand, and for non-repayment of a loan from a civil
servant of the Republic of Benin, on the other hand.
2.
The Application is filed against the Republic of Benin (hereinafter referred
to as “the Respondent State”), which became a party to the African Charter
on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on
21 October 1986 and to the Protocol to the African Charter on Human and
Peoples’ Rights on the Establishment of an African Court on Human and
Peoples’ Rights (hereinafter referred to as “the Protocol”) on 22 August
2014. On 8 February 2016, the Respondent State deposited the Declaration
provided for in Article 34(6) of the said Protocol (hereinafter referred to as
“the Declaration”) by virtue of which it accepts the jurisdiction of the Court
to
receive
applications
from
individuals
and
Non-Governmental
Organizations. On 25 March 2020, the Respondent State deposited with the
African Union Commission an instrument withdrawing its Declaration. The
Court has held that this withdrawal has no bearing on pending cases or new
cases filed before the withdrawal comes into effect one (1) year after its
deposition, in this case, on 26 March 2021.1
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that on 29 July 2014, SBEE signed a tax
assistance contract with Tax Expertise, the purpose of which was to enable
SBEE to make savings on its tax obligations totalling Seven Billion, Three
Hundred and Thirty-Four Thousand Million, One Hundred and Eighty-Two
Thousand, Five Hundred and Ninety-Six (7,334,182,596) CFA Francs in
respect of the 2013 tax year.
Houngue Eric Noudehouenou v. Republic of Benin, AfCHPR, Application No. 003/2020 Order of 5 May
2020 (provisional measures), §§ 4- 5 and Corrigendum of 29 July 2020.
1
2