Issue No. 4: Whether or not the Applicant is entitled to the remedies
sought
114. We have addressed all the core issues as framed during the
Scheduling Conference and we now proceed to determine the prayers
sought in the Reference in light of our findings.
115. Starting with the submissions of Counsel for the 1st Respondent,
the latter relied on the Ndorimana case (supra) and submitted that the
Applicant is not entitled to any remedy sought and that the Reference
ought to be dismissed with costs to the 1st Respondent.
116. The 2nd Respondent’s Counsel, on his part, pointed out that out of
the ten declarations and orders the Applicant had sought against the
Respondents, it was only two of them that specifically related to the 2nd
Respondent, namely the proposed orders under paragraphs (vii) and (viii).
117. As regards the order sought under paragraph (vii), learned Counsel
contended that such an order cannot be issued because there was
already a Task Force duly constituted and mandated to ascertain whether
or not the 1st Respondent breached the fundamental and operational
principles of the Community.
118. Concerning the order sought under paragraph (viii), the 2nd
Respondent’s Counsel submitted that Article 29 of the Treaty which
covers the matter at issue did not confer upon the 2nd Respondent any
advisory role to merit the grant of the order sought by the Applicant. He
maintained that the order sought is not tenable and that the practical
thing to do was to let the ongoing investigation that led up to the
procedure laid out in Article 29 of the Treaty play out.
119. In his reply to the 2nd Respondent’s submission, Counsel for the
Applicant submitted that what was sought was for the 2nd Respondent to
establish an effective Commission/investigative mechanism.
REFERENCE NO.1 OF 2014
Page 38