innocence covers the entire procedure from the arrest of the accused
person to the pronouncement of the decision.18
69. The Court has also held that respect for the presumption of innocence is not
only binding on criminal court, but also on all other judicial, quasi-judicial
and administrative entities.19
70. The Court notes that the Applicant predicates his complaint on the fact that
the electoral court rendered its decision on the strength of a judicial decision
that was not yet final. The Applicant therefore submits that the confirmatory
judgment rendered by Abidjan CFI, the highest court in electoral matters,
was vitiated by an error.
71. The Court observes that the IEC is legally obliged to apply the provisions of
the Electoral Code. In the present case, it applied Article 4 of the Electoral
Code, which stipulates that
[I]ncapacitated or unworthy persons may not be voters, in particular:
Individuals convicted of crimes; individuals sentenced to a suspended prison
sentence for theft, fraud, breach of trust, embezzlement of public funds,
forgery and use of forgery, corruption and influence peddling, as well as for
indecent assault.
72. The Court notes that in the instant case, under the above-mentioned
instrument, both the IEC and the Abidjan CFI rely on judicial decisions to
determine the standing of a voter. They however cannot, without exceeding
their prerogatives, question the finality of a judgment to which are attached
the legally required documents attesting thereto.
73. The Court further notes that it emerges from the record that the default
judgment on which the Abidjan CFI relied to confirm the decision to remove
18 Sébastien Germain Ajavon v. Republic of Benin
(merits) (29 March 2019) 3 AfCLR 130, § 190;
Houngué Éric Noudéhouenou v. Republic of Benin, (4 December 2020) 4 AfCLR 749, § 100.
19 Ajavon v. Benin, ibid, § 192; Noudéhouenou v. Benin, ibid, § 101.
16