court from inquiring into the election of a presidential candidate after the Electoral
Commission has declared a winner.
. Alleged violations
. The Applicant avers that by barring courts from
inquiring
into the election
of a
presidential candidate, after the Electoral Commission
has declared a winner, the
Respondent
from
State has violated
his right to freedom
discrimination
under
Article 2 of the Charter. The Applicant further avers that the Respondent State has
violated his right to equal protection of the law and the right to have his cause
heard
especially the right to appeal to competent
national
organs against acts
violating his fundamental rights as provided for in Articles 3(2) and 7(1)(a) of the
Charter, respectively.
. The Applicant
also alleges that the Respondent
State has failed to honour
its
obligation to recognise the rights, duties and freedoms enshrined in the Charter
and
to take
legislative
and
other
measures
to give
effect to the
Charter
as
stipulated under Article 1 of the Charter.
. It is also the Applicant's
averment
that the
Respondent
State’s
conduct
also
violates article 13(6)(a) of its own Constitution.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
. The Application was filed on 4 July 2018 and served on the Respondent State on
27 July 2018.
The Respondent
State was requested
to file its Response within
sixty (60) days of receipt of the Application.
. After several reminders and extensions of time by the Registry, the Respondent
State filed its Response on 10 July 2019.