240. Drawing inspiration from its jurisprudence in the Constitutional Rights Project v. Nigeria case, the Commission notes that actions that undermine the free choice of voters amount to a violation of Article 13(1) of the Charter, as all individuals entitled to vote should have the freedom to independently form their choice of candidates without undue influence, ensuring the unimpeded expression of the voter's will. In addition, given the essential role of freedom of expression and access to information in shaping public opinion and enabling free and fair elections, violating the rights to freedom of expression and access to information violates Article 13(1) of the Charter. 241. The Commission, therefore, finds the Respondent State to violate Article 13(1) of the Charter concerning allegations relating to the 2015 elections in the Respondent State. 242. For the avoidance of doubt on allegations relating to the 2021 elections in the Respondent State, the Commission would desist from commenting on them or considering them, as they are allegations brought to its attention after the present Communication had already been seized by the Commission, with claims relating to the 2015 elections. In this regard, it is pertinent to note that submissions on the merits after a Communication is declared admissible are not required to amend any Communication or claims therein. Submissions on the merits must concern or touch on the allegations of violations in the Communication as was originally/initially filed with the Commission and/or when it was seized by the Commission. Alleged violation of Article 1 of the Charter (The States obligation to uphold the rights guaranteed by the Charter and undertake necessary measures to adopt legislative or other measures to give effect to them) 243. Article 1 of the Charter provides that ‘The member states of the Organization of African Unity parties to the present Charter shall recognize the rights, duties, and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them.’ 244. The Complainants allege that throughout the period leading up to the 2015 election, the Respondent State failed to guarantee citizens' fundamental rights to freedom of expression, assembly, association, and participation in public affairs. Consequently, violating Article 1 of the Charter obligates States to uphold the rights guaranteed by the Charter and undertake necessary measures to adopt legislative or other measures to effect them. ~ 48 ~ African Commission on Human and Peoples’ Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia, Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/