33. It emerges from the Application that the Applicants were clearly identified
by name, pursuant to Rule 50 (2) of the Rules.
34. The Court further notes that the Applicants’ prayers are aimed at protecting
rights guaranteed under the Charter. It notes that one of the objectives of
the Constitutive Act of the African Union as enshrined in Article 3 (h) is the
promotion and protection of human and peoples’ rights. Furthermore, there
is no information in the file which is incompatible with the Constitutive Act of
the African Union. The Court therefore considers that the Application meets
the requirements of Rule 50 (2) of the Rules.
35. The Court further notes that the Application is not written in disparaging or
insulting language towards the Respondent State, its institutions or the
African Union. It is therefore consistent with Rule 50 (2) of the Rules.
36. The Court also notes that the Application is not based exclusively on
information collected through the mass media but through legal documents
from domestic courts of the Respondent State. The Court therefore holds
that the Application is consistent with Rule 50 of the Rules.
37.
With regard to the requirement of prior exhaustion of local remedies under
Rule 50(2)(e) of the Rules, the Court notes that on 15 September 2020 the
Applicants filed an Application before the Respondent State’s Constitutional
Council seeking a declaration that the following provisions of the impugned
law are unconstitutional: Articles 50, 122/2, 148; 155 and 236 of Law
No.034-2020/AN of 25 August 2020 amending Law No.014-2001 of 3 July
2001 on the Electoral Code.
38. On 16 October 2020, by Decision No. 2020-024/CC, the Constitutional
Council dismissed the petition on the following grounds:
Pursuant to Article 157, paragraph 2, of the Constitution, a citizen may only
seize the Constitutional Council to challenge a law that has already been
promulgated through a constitutional challenge brought before a court in a
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