These provisions show that the framers of the Treaty, attached the greatest importance to the fundamental principles, among very few other provisions. Why then, would they attach to them such importance, including severe sanctions for non-observance thereof, if they were, as the Respondent claims, no more than mere aspirations? Fortified by the above provisions of the Treaty, we agree with the Applicant that these principles are foundational, core and indispensable to the success of the integration agenda, and were intended to be strictly observed. Partner States are not to merely aspire to achieve their observance, they are to observe them as a matter of Treaty obligation. In our view, all the six principles in the Article were each carefully thought out, negotiated, appropriately weighted, individualized and crafted the way they are for a particular effect. Integration depends on each of them singly and collectively. ii) The principle in Article 6(d), which was the main target of the Respondent’s attack, is good governance. “Good governance” means many things in many contexts. Wikipedia, the online Encyclopedia defines it in descriptive terms. We paraphrase it thus: “Good governance is an indeterminate term used in international development literature to describe how public institutions conduct public affairs and manage public resources. The concept “good governance” centres around the responsibility of governments and governing bodies to meet the needs of the masses. Because the term “good governance” can be focused on any one form of governance, organisations and authorities will often focus the meaning of good governance to a set of requirements that conform to REFERENCE NO.5 OF 2011      Page 17 

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