failed to file its response to the Application within 45 days of receipt. At the
expiry of that time-limit, the Respondent State did not file its Response to
the Application.
15. Pleadings were closed on 30 July 2024 and the Parties were duly notified.
IV.
PRAYERS OF THE PARTIES
16. In their Application, the Applicants pray the Court to declare Law No. 0342020/AN of 25 August 2020 amending Law No. 014-2001/AN of 3 July 2001
on the Electoral Code null and void, on the grounds that the provisions of
Articles 148(2) and 155(2) thereof violate Article 13 of the Charter read
jointly with Article 4(2) of the CADEG, Article 25 of the ICCPR and Article
2(1) of the ECOWAS Democracy Protocol.
17. The Respondent State did not file any submissions.
V.
ON THE DEFAULT OF THE RESPONDENT STATE
18. Article 63(1) of the Rules provides that:
Whenever a party does not appear before the Court, or fails to defend
its case within the period prescribed by the Court, the Court may, on
the Application of the other party, or on its own motion, enter a decision
in default after it has satisfied itself that the defaulting party has been
duly served with the Application and all other documents pertinent to
the proceedings.
19. The Court notes that Rule 63(1) mentioned herein above sets out three
requirements for a judgment in default, namely, i) notification of the
defaulting party; ii) default by one of the Parties; and iii) Application by the
other party or the Court on its own motion.
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