143. He further argues that the mayor is only the executive agent of the municipality and therefore does not represent the political choice of the entire municipality. For the Applicant, therefore, vesting the power to sponsor a candidate violates the principle of democratic change of power in that it excludes all other representatives chosen by the people from participation in the conduct of public affairs. 144. He further states that there is no opposition in the parliament of the Respondent State, as all deputies are affiliated to the president’s camp. He explains that these deputies not only illegally impede his candidacy and that of several other citizens of the Respondent State but also compel the citizens to pledge their allegiance to them in order to be sponsored. He therefore believes that the sponsorship system precludes any guarantee of democratic change of government in Benin protected by Article 23(5) of ACDEG. 145. Finally, the Applicant submits that Article 5339 of the amended Constitution violates the right to freedom of religion protected by Article 8 of the Charter and Article 18 of the ICCPR insofar as it provides that: “Before taking office, the President of the Republic shall take the following oath: before God, the spirits of the ancestors, the Nation and the Beninese people, the sole repository of sovereignty ....” 146. According to the Applicant, by using the phrase “spirits of the ancestors” in the text of the presidential oath, the Respondent State expressed its view which considers as legitimate the belief in ancestral spirits. He contends that as a citizen, he cannot be compelled to take an oath based on such a belief, which is contrary to his own religious convictions and beliefs. 39 Resulting from the constitutional amendment of 7 November 2019. 39

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