individuals to have recourse to judicial scrutiny of the declaration by the Electoral Commission of the winner of a presidential election that this Court finds to be against the values underlying the Charter. 104. In the circumstances, the Court holds that article 41(7) of the Respondent State’s Constitution, in so far as it ousts the jurisdiction of courts to consider challenges to a presidential election after the Electoral Commission has declared a winner, violates Article 7(1)(a) of the Charter. D. Alleged violation of Article 1 of the Charter 105. The Applicant alleges that the conduct of the Respondent State has violated Article 1 of the Charter while the Respondent State denies the alleged violation. KK 106. Article 1 of the Charter provides as follows: The Member States of the Organisation of African Unity, parties to the present Charter shall recognise the rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative or other measures to give effect to them. 107. The Court considers that, as it has held in its earlier judgments, examining an alleged violation of Article 1 of the Charter involves a determination not only of whether the measures adopted by the Respondent State are available but also if these measures were implemented purpose in order to achieve the intended object and of the Charter. 3? Consequently, whenever a substantive right of the Charter is violated due to the Respondent State’s failure to meet these obligations Article 1 will be found to have been violated. 33 Armand Guehi v. United Republic of Tanzania (merits and reparations) (2018) 2 AfCLR 477 § 149-150 and Ally Rajabu and others v. United Republic of Tanzania, Af{CHPR, Application No. 007/2015, Judgment of 28 November 2019 (merits and reparations) § 124. 29