110. In sum, the Court finds that the cumulative criteria set out in the cases Gombert
Jean-Claude Roger v Republic of Céte d'Ivoire and in Dexter Eddie Johnson v
Republic of Ghana relating to the admissibility requirement established in Article
56(7) and Rule 40(7),
have not been fulfilled. Therefore,
considering that the
instant Application does not raise any issue or matter previously settled in the
sense of Article 56(7), the Court holds that this admissibility requirement is met.
111. Based on the foregoing, the Court finds that the Application meets all the
conditions
set out
in Article 56
of the
Charter
and
accordingly
declares
it
admissible.
Vil.
MERITS
112. The Applicants allege that by adopting Law N° 2019-708 of 5 August 2019 on the
recomposition of the IEC, the Respondent State has violated its obligation to
establish an independent and impartial electoral body, its obligation to protect the
right to freely participate in government, its obligation to protect the right to equal
protection of the law, and its commitment to execute judgments, as prescribed
by Article 17 of the ACDEG,
Article 3 of the ECOWAS
Democracy
Protocol,
Article 13(1) and (2) of the Charter, Article 10(3) of the ACDEG, Article 3(2) of
the Charter, Article 26 of the ICCPR and Article 30 of the Protocol, respectively.
113. The Respondent State submits, however, that the aforementioned law has been
modified during the course of the proceedings before this Court by Order N°
2020-306 of4 March 2020 amending Articles 5, 15, 16, and 17 of Law No. 2019708
of 5 August
Respondent
State
2019
on the
this change
recomposition
of the
of the impugned
IEC.
According
law effectively
to the
renders
the
Application without merit since the provisions of the law allegedly in violation of
the abovementioned human rights instruments are no longer in force.
114. Considering that the objection raised by the Respondent State affects the basis
of the Application, the Court will deal with it first.
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