administrative
or financial autonomy,
and
manifestly
lacking confidence
from
political stakeholders based on its reform process.
228. However, considering the manifest imbalance of the number of Chairpersons of
the Local electoral commissions proposed by the ruling party, following Bureau
elections based on the previous law when the electoral body at the Local levels
was
still imbalanced
in favour
of the
Government,
the
Court
finds
Respondent State has not fully complied with Article 17 of the ACDEG
the ECOWAS
that
the
and 3 of
Democracy Protocol, and has therefore violated these provisions.
229. In addition, the Court has considered the absence of a mechanism to ensure that
the process of nomination of members of the electoral body by political parties,
especially
opposition parties,
as well as CSOs,
are driven by those entities.
Accordingly, the Court finds that the Respondent State has not fully complied with
its obligations to ensure
public affairs and
public trust and transparency
effective citizens’ participation
prescribed by Articles 3(7), 3(8) and
in the management
in democratic
13 of the ACDEG,
processes
of
as
nor with its obligation to
ensure that the electoral body has the confidence of all the political actors, as
prescribed by Article 3 of the ECOWAS Democracy Protocol. The Court therefore
finds that the Respondent State has violated these provisions.
C. Alleged violation of the right to participate freely in government and of the
right to equal protection of the law
230. The Applicants contend that independent candidates are not represented in the
composition of the electoral body, whereas candidates from political parties are
represented in the Central Electoral Commission
and in the electoral bodies at
the Local levels. Therefore, the Applicants claim that the impugned law violates
the rights of independent candidates to freely participate in the government of
their country as well as their right to have equal access to the public services of
their country.
50