151. The Court therefore holds that, by not placing all the potential candidates on the
same footing, the impugned law violates the right to equal protection of the law
as enshrined
in the several international human
rights instruments mentioned
above, ratified by the Respondent State, especially Article 10(3) of the African
Charter on Democracy and Article 3 (2) of the Charter on Human Rights.
Vill.
COSTS
152. The Court notes that the Parties did not make any submissions as to costs. In
accordance with Rule 30 of the Rules, each Party shall bear its own costs.
153. For these reasons,
THE COURT,
Unanimously:
1) Declares that it has jurisdiction to hear this case;
2)
Dismisses the objection to the admissibility of the Application
on the
grounds of the nature of the language used by the Applicant;
3)
Dismisses the objection to the admissibility of the Application
on the
grounds of failure to exhaust local remedies;
4)
Declares the Application admissible;
By a majority of nine (9) votes for and one (1) against, Judge El Hadji GUISSE
dissenting:
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