IV.
PRAYERS OF THE PARTIES
13. The Applicant prays the Court to order the Respondent State to:
i.
Take all necessary measures to annul Ordinance No. 2020-356 of 25
August 2020 issued by the presiding judge of the Abidjan CFI ruling at
last instance on electoral matters, and its legal effects, with the effect of
lifting all measures restricting his civil and political rights;
ii.
Expunge from his criminal record, or if necessary, refrain from
mentioning therein the criminal conviction by default No. 5200/2019 of
29 October 2019 which is not yet final.
14.
The Respondent State did not file its Response and did not make any
prayers.
V.
DEFAULT BY THE RESPONDENT STATE
15. Rule 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 of its own motion, enter judgment
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.
16. The Court notes that the above-mentioned Rule 63(1) lays down three
conditions for the delivery of a judgment in default, namely: (i) notification of
the application and the pertinent documents to the defaulting party, in the
instant case the Respondent State; (ii) failure by the Respondent State to
enter an appearance or to file a response; and (iii) a request by the other
party or a decision on the Court’s own motion.
5