Arusha, Tanzania Website: www.african-court.org Telephone: +255-272-510-510 JUDGMENT SUMMARY found that the Applicants had clearly been identified by names, Applicants’ claims sought to protect their rights guaranteed under the Charter and the language used in the Application was not disparaging or insulting to the Respondent State in fulfilment of Rule 50(2)(a), (b) and (c) respectively. With regards to the condition on filing the Application within a reasonable time, the Court noted that the time to be considered was the time between the deposit of the Declaration, which is, 29 March 2010 and the date of the filing of the Application, 20 November 2020, a period of 10 years, six months and 22 days. In its finding, the Court observed that since the alleged violation is continuing as the impugned provision remains in the Constitution of the Respondent State, the time limit for seizing the Court had not begun to run. Therefore, the Application complied with Rule 50(2)(f) of the Rules. The Court also found that the allegation on the right to challenge the presidential elections does not concern a subject matter which has already been settled according to the Charter, the Constitutive Act of the AU or the UN Charter in accordance with Rule 50(2)(g) of the Rules. On the merits of the case, the Applicants alleged that there was no remedy to challenge presidential elections after the announcement of the winner by the Electoral Commission and that this violated their right to a fair trial under Article 7(1) of the Charter and the obligation of Member States to put up measures that would give effect to the Charter under Article 1 thereof. In its decision, the Court found in accordance with its previous jurisprudence that article 41(7) of the Respondent State’s Constitution, in so far as it bars courts from inquiring into the election of a presidential candidate who has been declared elected by the Electoral Commission, violates Article 1 and 7(1) of the Charter. The Court having found the violation of Articles 1 and 7(1) of the Charter, ordered the Respondent State to take all necessary constitutional and legislative measures, within one year, to ensure that article 41(7) of its Constitution is amended and aligned with the provisions of the Charter.