instructions from the Government;
impugned
law
describes
the
IEC
that it was
as
“an
in fact for this reason that the
independent
administrative
authority
endowed with legal personality and financial autonomy”.
113. The Respondent State further maintains that the appointment of members of the
Bureau of the IEC Central Commission through election is sufficient proof of the
independence and impartiality of this body.
114. Article 17(1) of the African Charter on Democracy on which the Applicant relies,
provides that:
“State
Parties
affirm their commitment
to regularly
holding
transparent,
free and fair elections in accordance with the Union’s Declaration on the
Principle Governing Democratic Elections in Africa.
To this end, State Parties shall establish and strengthen independent and
impartial
national
electoral
bodies
responsible
for the
management
of
elections”.
115. Article 3 of the ECOWAS
Democracy Protocol also mentioned by the Applicant
provides that:
“The bodies responsible for organising the elections shall be independent
and/or neutral and shall have the confidence of all
the political actors.
Where necessary, appropriate national consultations shall be organised to
determine the nature and the structure of the bodies”.
116. The foregoing provisions show that there are no precise indications as to the
characteristics of an “independent” and “impartial” electoral body.
117. According to the Dictionary of International Public Law, “independence” is the
fact of a person or an entity not depending on any other authority than its own or
NM
‘Z]-
4