The Court admits that it is apparent from the provisions of Article 13 of the
African Charter on Human and Peoples’ Rights, that every citizen shall have the
right to participate freely in the government of his country, either directly or
through freely chosen representatives in accordance with the provisions of the
law.
Every citizen has the right, and is entitled to, without any unreasonable
discrimination or restriction:
To participate freely in the government of his country, either directly or through
freely chosen representatives;
To access, vote and be voted for during periodic, transparent elections, in a
universal and egalitarian suffrage of secret ballot, in expression of the free will
of the voters.
In the instant case, Karim Meissa Wade avers that he is a victim of the violation
of his right to vote and of his right of eligibility to stand for elections, because
according to him, even though he had a voter’s card, and his name had been
registered on the electoral roll, by virtue of the extraordinary revision of the
electoral list for the purposes of the presidential election of 24 February 2019,
the central administrative units of the Ministry of Interior rejected his
registration on the ground that the new Article L57 of the Electoral Code first
required that every candidate for said presidential election shall first of all be a
qualified voter; that he was thus denied his right as a voter and as a person
eligible to stand for elections.
As pleaded by the Republic of Senegal however, it is apparent from the facts that
it was in compliance with Article L31 of the Electoral Code that his application
for registration on the electoral list was rejected; that Article L31 of the said
Electoral Code provides that:
“Shall not be registered on the electoral roll:
(1) persons convicted of crime;
(2) persons sentenced to non-custodial prison terms or to custodial prison
terms exceeding one (1) month, with the option of a fine, for any of the
following offences – theft, fraud, abuse of trust, drug trafficking,
embezzlement and corruption in public office, bribery, undue influence
peddling, counterfeiting, and in general terms, any offence liable to
imprisonment for a term not less than five (5) years;
Translator: E. Nkansah 10