14. The Respondent State prays the Court to:
On admissibility,
i.
Find that at the time the Application was heard, local remedies had
not been exhausted before the Applicant filed his Application with the
Court;
ii.
Find that local remedies are available and effective;
iii.
Consequently, declare the Application inadmissible;
iv. Find that the Applicant allowed more than three (3) years to elapse
before bringing the case before the Court;
v.
Declare that the Application was not filed within a reasonable time;
and
vi. Consequently, dismiss the Applicant’s Application for being filed out
of time.
On the merits:
i.
Find
that
the
procedure
followed
26/MDGL/DC/SGM/DGCL/SA/011
in
SSG17
issuing
Order
of
July
28
No.
2017
suspending the Mayor of Cotonou complies with the laws governing
decentralisation in the Republic of Benin;
ii.
Find that the procedure followed in the dismissal by Decree N°2017380 of 2 August 2017 is regular and compliant with the laws in force;
iii.
Find and rule that the Applicant’s suspension and removal from office
as Mayor of the City of Cotonou does not constitute a violation of his
right to free and fair justice;
iv. Find that the Applicant left Benin without being forced to do so;
v.
Find that the Respondent State cannot be held to have violated the
right of all citizens to participate freely in the government of their
country;
vi. Find that the Applicant was not the victim of an attempted abduction
by the State of Benin;
vii. Find that the State did not violate Article 4 of the Charter; and
viii. Consequently, dismiss all of the Applicant’s requests.
On the request for provisional measures:
i.
Find that there is no urgency or extreme gravity;
ii.
Find that there is no risk of irreparable harm;
5