JUDGMENT OF THE COURT
Introduction
1.This Reference was lodged in this Court on 14th October 2011. Before
the Reference could be heard, the Applicant filed an amended Reference
which was lodged on 31st October 2012. The said Reference is premised
on Articles 3 (3) (b), 6 (d), 7 (2), 8 (4), 27 (1) and 30 (1) and (2) of the
Treaty for the Establishment of the East African Community and Rules 1(2)
and 24 of East African
Community Rules of Procedure (hereinafter
referred to as the “Treaty” and the ”Rules”, respectively).
2.Professor Nyamoya Francois (hereinafter referred to as the “Applicant”)
is a resident of Bujumbura in the Republic of Burundi.
He is an advocate
and a spokesperson of one of the Opposition Political Parties in Burundi
and his address for the purposes of this Reference is indicated as care of
Mr. Isidoire Rufyikiri, Batonnier of Burundi Bar Association, Rue du
Muscee, No. 3, B.P. 1745, Bujumbura,Burundi.
3.The 1st Respondent is the Attorney General of the Republic of Burundi
and he
is sued in his capacity as
the Principal Legal Adviser of the
Government of the Republic of Burundi . His address is given as care of
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