COS-LEPI are moot. The Court further observes that it has not ruled on the
legitimacy of the National Assembly, or established its illegitimacy.
193. The Court observes that Article 27(1) of the Protocol adequately empowers
it to order a Respondent State to take measures to annul an election if it so
deems fit in order to remedy the situation. In doing so, it takes into account
the gravity of the violations found, their implication on the credibility of the
entire electoral process and the impact of such a measure on the security
and stability of the country.
194. The Court notes that in the present case, the Applicant does not
demonstrate the substantial impact of the violations found on the credibility
of the entire electoral process. There is nothing on record to indicate that
the parliamentary elections were impacted by the violations found to such
an extent that the dissolution of the National Assembly is the most
appropriate remedy.
195. Accordingly, the Court dismisses this request.
IX.
ON THE REQUEST FOR PROVISIONAL MEASURES
196. The Court recalls that on 14 July and 15 September 2022, the Applicant filed
two requests for provisional measures, which the court has joined to the
Application on the merits.
197. The Court however notes that the present decision on the merits renders
the said requests moot.
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