83. The Court recalls its jurisprudence that guaranteeing the independence of
the courts as provided for in Article 26 of the Charter imposes on States not
only the obligation to enshrine that independence in their legislation, but
also the obligation to refrain from interfering in the work of the courts and in
the conduct of proceedings, at all echelons of judicial procedure19. What is
at stake is the judiciary’s credibility, which must not be eroded by the
perception that it is influenced by outside pressure or actors20.
84. It emerges from record that under Article 22 of the 16 December 2011
Constituent Act, a provisional representative body was to be established to
“supervise judicial justice and replace the High Judicial Council”. It is in this
context that the IPCCPL was established by Organic Law No. 2014-14 of
18 April 2014. The IPCCPL acted as a constitutional review body in place
of the Constitutional Court until 22 September 2021, when it was abolished
by Decree No. 2021-117 of 22 September 2021 pertaining to exceptional
measures.21
85. The Court notes that even before the abolition of the IPCCPL, the
Respondent State had enacted an organic law on the Constitutional Court
on 3 December 2015.22 Under Article 148(5)(2) of the 27 January 2014
Constitution, the Constitutional Court shall be established within one year of
parliamentary elections. The Court notes that the election of the people’s
representatives took place on 26 October 2014 and that, in accordance with
constitutional provisions, the Constitutional Court should have been
established at least as of October 2015.
86. The Court notes that, despite the promulgation of the law on the
Constitutional Court on 3 December 2015, the said court has not yet been
19
Sébastien Germain Ajavon v. Benin (merits) (29 March 2019) 3 AfCLR 130, § 280.
ACHPR, Communication 396/11, Mohammed Abderrahim El Sharkawi v. Republic of Egypt, 20
October 2021, § 297; Communication 294/04; Zimbabwe Lawyers for Human Rights and IHRDA (on
behalf of Andrew Barclay Meldrum) v. Republic of Zimbabwe, April 2009, § 119.
21 See Article 22 of Presidential Decree No. 2021-117 of 22 September 2021 pertaining to exceptional
measures.
22 Organic Law No. 2015-50 of 3 December 2015, relating to the Constitutional Court.
20
23