its independence, the judiciary, must be seen to be independent from the executive and parliament”23. 71. The Court notes that in the instant case, it emerges from Articles 12524 and 127 of the Respondent State’s Constitution that judicial power, exercised by the Supreme Court, the courts and tribunals, is independent of the legislative and executive powers. The Court further notes that the President of the Republic is the sole guarantor of the said independence by virtue of Article 127 of the said Constitution25, that is, he must ensure that this independence of the judiciary is given force and substance both in law and in fact. 72. The Court therefore considers that the judiciary should not be subordinate to any other authority. It follows that neither the executive power nor the legislative power should interfere, directly or indirectly, in all matters relating to the organisation and functioning of the judiciary, including those of the entities that manage the careers of judges. 73. The Court underlines that it emerges from Article 11 of the organic law relating to the HJC that the latter is the body that manages the career of judges from the day they take their oath until they retire. The Court observes that this ensures discipline within the judiciary. The HJC is therefore the guarantor of the independence of the judiciary and also a bulwark against interference by other powers. In the Court's opinion, such a body, in order to support the independence of the judiciary, must be statutorily and functionally independent of the other branches of government. ACHPR, Kevin Mgwanga Gunme and others v. Cameroon, Communication 266/03, § 211 and 212, 45th ordinary session, 13-27 May 2009. 24 "The judiciary power is independent of the legislature and the executive powers. It shall be exercised by the Supreme Court, the courts and tribunals established in accordance with this Constitution". 25 “The President of the Republic is the guarantor of the independence of the judiciary. He is assisted by the High Judicial Council” 23 23

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