Dismisses the objection to the admissibility of the Application;
iv.
Declares the Application admissible.
On Merits:
Vv.
Finds that the
Respondent
State
has
not violated
its obligation
to protect
citizens’ right to participate freely in the government of their country as provided
under Article
13(1)
and
(2) of the African
Charter
on
Human
and
Peoples’
Rights;
vi.
Finds that the Respondent State has not violated its obligation to protect the
right to equal protection of the law, as provided under Article 10(3) of the African
Charter on Democracy,
Charter on Human
and
Elections and Governance, Article 3(2) of the African
Peoples’
Rights
and Article 26 of the International
Covenant on Civil and Political Rights;
vii.
Finds that the Respondent State has not violated its commitment to comply with
the judgment of the Court in a case to which
it was a party within the time
stipulated by the Court and to guarantee its execution in accordance with Article
30 of the Protocol to the African Charter on Human and Peoples’ Rights on the
Establishment of an African Court on Human
vill.
and Peoples’ Rights;
Finds that the Respondent State has not fully complied with its obligation to
create an independent and impartial electoral body as provided for under Article
17 of the African Charter on Democracy, Elections and Governance and Article
3 of the Economic Community of West African States Protocol on Democracy
and
Good
Mechanism
and Security.
Governance
supplementary
for Conflict Prevention,
to
the
Management,
Protocol
Resolution,
relating
to
the
Peacekeeping
The Court therefore finds a violation of those provisions with
regard to the manifest imbalance of the number of Chairpersons of the Local
electoral commissions proposed by the ruling party, following Bureau elections
based on the previous law when the electoral body at the Local levels was still
imbalanced in favour of the Government;
Finds that the Respondent State has not fully complied with its obligations to
ensure public trust and transparency in the management of public affairs as
well as effective citizens’ participation in democratic processes as prescribed
60