4.
The Applicants
submit
that on 2 August
2019
one
member
of the National
Assembly averring to represent sixty-five (65) other members
of the National
Assembly petitioned the Constitutional Council of the Respondent State on the
non-conformity of Articles 5, 16 and 17 of the said law with Articles 4, 53 and 123
of the Respondent State’s Constitution.
5.
According to the Applicants, the Constitutional Council of the Respondent State
declared on 5 August 2019 the petition inadmissible on the ground that it made
reference to a draft version of the impugned law while the Constitutional Council
does not decide on the constitutionality of draft laws.
6.
From the record before the Court it emerges that on 6 August 2019 the same
applicants in that case filed another petition to the Constitutional Council that
referred to the actual law adopted by parliament instead of the draft law.
7.
The
Applicants
submit
that on
13 August
2019
the
Constitutional
Council
declared the petition again inadmissible for the reason that the law had already
been
promulgated
and
that
it does
not
have
the
power
to
assess
the
constitutionality of a law that has already been promulgated by the President.
8.
The record also shows that on 4 March
2020 the Respondent State adopted
Order N° 2020/306 which modified Law N° 2019-708 of 5 August 2019 on the
recomposition
of the IEC by giving opposition
parties or political groupings the
possibility of proposing one additional personality to the electoral body, both at
the level of the Central and the Local electoral commissions.
9.
Furthermore, the Application relies on the judgment delivered by this Court on 18
November 2016 in the matter of Action pour la Protection des Droits de Homme
(APDH)
v Céte d'ivoire (merits)' concerning
the composition
of the Electoral
1 See Actions pour la Protection des Droits de l'Homme (APDH) v. Céte d'Ivoire (merits) (2016) 1 AfCLR
668.