the Court reiterates its jurisprudence that a constitutional challenge before
the Respondent State’s Constitutional Court is an available, effective and
satisfactory remedy.14
34. In the present case, the Court notes that the Applicant acknowledges that
he did not pursue any local remedies. However, he advances three
arguments in support of this omission: firstly, the environment of
persecution; secondly, the lack of independence and impartiality on the part
of the Constitutional Court; and thirdly, the fact that the said Court,
previously seized by a citizen, declared the inter-ministerial decree to be
consistent with the Constitution. The Court will examine these arguments
successively.
35. With regard to the first argument relating to the environment of persecution,
the Court notes that the Applicant does not adduce any evidence of
persecution specifically targeted him that would have prevented him from
exhausting local remedies. The Court, therefore, dismisses this allegation.
36. With regard to the second argument relative to the Constitutional Court’s
lack of independence and impartiality, the Court emphasises that
independence and impartiality of judges is presumed, such that any party
alleging a violation thereof must prove the same beyond any shadow of
doubt.15 The Court observes that the Applicant does not prove his
allegations and confines himself to mere assertions. The Court, therefore,
dismisses this contention.
37. Finally, with regard to the third argument that the Respondent State’s
Constitutional Court, seized by one Conaïde Akouedjenoudje, had already
ruled on the constitutionality of the impugned interministerial order, the
Noudehouenou v. Republic of Benin, AfCHPR, Application No. 028/2020, Judgment of 1 December
2022 (merits and remedies), § 50.
14 Laurent Mètognon et autres v. République du Bénin, AfCHPR, Application No. 031/2018, Judgment
of 24 March 2022, § 63; Conaîde Akouedjenoudje v. République du Bénin, AfCHPR, Application No.
024/2020, Judgment of 13 June 2023, § 39.
15 Fidèle Mulindahabi v. Rwanda (merits and reparations) (26 June 2020) 4 AfCLR 291, § 69.
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