21 October 1986 and to the Protocol to the African Charter on Human and
Peoples’ Rights on the Establishment of an African Court on Human and
Peoples’ Rights (hereinafter referred to as “the Protocol”) on 22 August
2014. In addition, on 8 February 2016, the Respondent State made the
Declaration provided for in Article 34(6) of the said Protocol (hereinafter
referred to as “the Declaration”) by which it accepts the Court’s jurisdiction
to
receive
applications
from
individuals
and
non-governmental
organizations. On 25 March 2020, the Respondent State deposited with the
African Union Commission the instrument of withdrawal of its Declaration.
The Court has ruled that this withdrawal had no effect either on pending
cases or new cases filed before the withdrawal took effect one year after its
filing, in this case, on 26 March 2021.1
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that the Applicant was elected Mayor of
Cotonou Municipality in August 2015. On 28 July 2017, he was summoned
by the Consultative and Coordination Council of the Littoral Region
(hereinafter referred to as “the Council”) chaired by the Prefect of the Littoral
Region for a hearing on the management of the said municipality.
4.
The Applicant avers that on the same day, after the said hearing, he was
suspended as mayor by an order of 28 July 20172 issued by the Respondent
State’s Minister of Decentralisation (hereinafter referred to as “Suspension
order of 28 July 2017”), which was notified to him. Subsequently, he was
dismissed from office by Decree No. 2017-380 of 2 August 2017 (hereinafter
referred to as “Dismissal Decree of 2 August 2017”).
1
Houngue Éric Noudehouenou v. Republic of Benin (provisional measures) (5 May 2020) 4 AfCLR
701, §§ 4-5 and Corrigendum of 29 July 2020.
2 Ministerial Order No. 26/MDGL/DC/SGM/DGCL/SA/011 SSG17 of 28 July 2017.
2