and Peoples’ Rights (hereinafter, referred to as “the Charter”) on 21 October
1986 and to the Protocol on the Establishment of an African Court on
Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) on 28
July 1998. The Protocol entered into force on 25 January 2004.
Furthermore, on 28 July 1998, the Respondent State deposited the
Declaration provided in Article 34(6) of the Protocol (hereinafter referred to
as “the Declaration”), by virtue of which it accepts the jurisdiction of the
Court to receive Applications from individuals and Non-Governmental
Organizations having observer status before the African Commission on
Human and Peoples’ Rights. However, the Declaration did not take effect
until the entry into force of the Protocol on 25 January 2004.
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that in July 2019, the President of the
Respondent State signed a decree pertaining to a national dialogue in
preparation for elections scheduled to be held in 2020. According to the
Applicants, the dialogue, which took place from 5 to 22 July 2019,
culminated in a report.1
4.
The Applicants aver that on 23 January 2020, the Government tabled before
the National Assembly a draft bill to amend the Electoral Code based on the
dialogue report. They further aver that the said amendment of the Electoral
Code was undertaken while people in several regions of the Respondent
State had fled their homes and sought refuge in the regions bordering
neighbouring countries due to the insecurity that prevailed in the
Respondent State. According to the Applicants, several mayors had also
left their towns for the same reason. It is the Applicants contention that,
1
It emerges from the said report that the Independent National Electoral Commission did not have
access to certain parts of the Respondent State’s territory severely impacted by insecurity.
2