v.
Holds that article 41(7) of the Respondent State’s Constitution does not violate
Article 3(2) of the Charter;
By a majority of Nine (9) for and One (1) against, Judge Blaise TCHIKAYA dissenting:
vi.
Holds that article 41(7) of the Respondent State’s Constitution, in so far as it
bars courts from inquiring into the election of a presidential candidate who has
been declared elected by the Electoral Commission, violates Article 7(1)(a) of
the Charter;
By a majority of Nine (9) for and One (1) against, Judge Blaise TCHIKAYA dissenting:
vii.
| Holds that by retaining article 41(7) of its Constitution, the Respondent State
has violated Article 1 of the Charter.
On reparations
viii.
| Orders the Respondent State to take all necessary constitutional and legislative
measures, within a reasonable time, and in any case not exceeding two (2)
years, to ensure that article 41(7) of its Constitution is amended
with the provisions of the Charter to eliminate, among
and aligned
others, a violation of
Articles 2, and 7(1)(a) of the Charter;
ix.
Orders the Respondent State to publish this Judgment on the websites of its
Judiciary and the Ministry for Constitutional and Legal Affairs within a period of
three (3) months from the date of notification, and to ensure that the text of the
Judgment
remains
accessible
for at least
one
(1)
year
after
the
date
of
publication.
On implementation of the Judgment and reporting
x.
| Orders the Respondent State to report to the Court within twelve (12) months
of notification of this judgment on the measures taken to implement the terms
35