Respondent State’s Constitution. In so far as the Respondent State’s
Constitution is concerned, the Court notes that its article 74(7) provides as
follows:
For the better carrying out of its functions, the Electoral Commission shall be
an autonomous department, and its chief executive shall be the Director of
Elections who shall be appointed and shall discharge duties accordance with
a law enacted by Parliament.
76. The Court also notes that article 74(11) of the Respondent State’s
Constitution provides that:
In discharging its functions in accordance with the provisions of this
Constitution, the Electoral Commission shall not be obliged to comply with
orders or directions of any person or any Government department or the
views of any political party.
77. The Court observes that articles 74(7) and 74(11) of the Constitution do
attempt to establish a legal framework for guaranteeing the independence
of the Respondent State’s Electoral Commission.
78. It is to be noted, however, that in terms of its structure, the Respondent
State’s Electoral Commission comprises of a “supervisory board” and a
secretariat. The “supervisory board” is made up of commissioners
appointed by the President under article 74(1) of the Constitution. It is
chaired by either a Judge of the High Court or the Court of Appeal. The
secretariat is headed by the Director of Elections who is also the secretary
of the Electoral Commission.30
79. Having considered the Parties arguments, and given the various methods
for constituting electoral management bodies in use in Africa, the Court
holds that there is no violation of Article 13(1) of the Charter by the mere
reason that the Director of Elections is appointed by the President. It also
30
Section 4(4) NEA.
22