223. The
Court
notes
that such
a “perception”
can
be
influenced
by procedural
guarantees such as inclusion, participation and transparency during the different
stages constituting an electoral body,
legal framework,
including during the development of its
the appointment of its members
and personnel,
as well as its
functioning throughout the electoral process.
224. In the instant case, the Court takes notice of the Applicants’ concerns about the
reform
process,
notably
the
disputed
levels
of
transparency
about
the
organisation of the reform process and the hasty promulgation of the law which
allegedly prevented the opposition parties from challenging the constitutionality
of the law.
225. However, the Court also notes the attempt by the Respondent State to ensure
the process reforming the composition of the electoral body was inclusive and
consensus
based.
The
Court
further
observes
that the
impugned
law was
adopted by parliament which further underlines the democratic credentials of the
reform process of the electoral body. And even if the law was later amended by
an Order from the Government,
instead of Parliament, the Court notes that the
objective of that reform was to grant an additional seat to opposition parties,
which
thereby further strengthened
the independence
and
impartiality of the
electoral body.
226. Therefore,
Protocol,
the Court finds,
that
the
pursuant to Article 3 of the
Applicants
have
failed
to
ECOWAS
demonstrate
that
Democracy
the
national
consultations on which the reform process was based were of such inappropriate
nature to conclude that the resulting electoral body manifestly lacks confidence
from relevant political stakeholders in respect of its reform process.
227. In sum, the Court finds that the Applicants have failed to demonstrate that the
Respondent State established an electoral body that is composed of members
who
ruling
are not independent and
party,
overly
impartial,
institutionally
manifestly imbalanced
dependent
due
to
in favour of the
inadequate
degrees
of
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