Nations, the Constitutive Act of the African Union, the provisions of the Charter or of any legal instrument of the African Union. 61.As a consequence of the foregoing, the Court finds that the Application fulfils all the admissibility requirements set out under Article 56 of the Charter as restated in Rule 40 of the Rules, and accordingly declares it admissible. Vil. MERITS 62. The Applicant alleges violation of Articles 1, 2, 3(2) and 7(1)(a) of the Charter. A. Alleged violation of the right to non-discrimination 63. The Applicant avers that article 13(6)(a) of the Respondent State’s Constitution provides that: When the rights and duties of any person are being determined by the court or any other agency, appeal that person shall be entitled to a fair hearing or other legal remedy against the decision and to the right of of the court or of the other agency concerned. 64. The Applicant argues that notwithstanding article 13(6)(a), article 41(7) of the same Constitution bars any court from inquiring candidate after the Electoral Commission into the election of any presidential has pronounced a winner which in turn entails that any person aggrieved by the results of a presidential election cannot access a judicial remedy. The Applicant submits that by having a provision such as article 41(7) in its Constitution, the Respondent State has violated Article 2 of the Charter. 65. The Respondent State contends that the right to non-discrimination as provided for under Article 2 of the Charter “is not absolute where there is a legitimate justified purpose or aim that is justifiable.” Referring to the Advisory Opinion of the Inter- 17