the results of a presidential election from accessing courts to seek a remedy. The
Applicant submits that by having a provision
such as article 41(7) as part of its
Constitution, the Respondent State has violated Article 3(2) of the Charter.
85.In its Response, the Respondent State contends that the right to equal protection
of the law is not absolute and can be limited where there is a legitimate purpose
or aim. The Respondent State further argues that “the principle of equality or non-
discrimination does not mean that all differential treatments and distinctions are
forbidden because some distinctions are necessary when they are legitimate and
justifiable.” The Respondent State further submits that a State Party to the Charter
enjoys
“a
margin
of appreciation
in
assessing
whether
and
to what
extent
differences in otherwise similar situations justify a different treatment.”
RK
86. Article 3(2) of the Charter provides that “[e]very individual shall be entitled to equal
protection of the law.”
87. The Court notes that the principle of equality before the law, which is implicit in the
principle of equal
protection
of the law and
equality
before the law,
does
not
necessarily require equal treatment in all instances and may allow differentiated
treatment of individuals placed in different situations.2’
88.In the present case, the Court notes that article 41(7) of the Respondent State’s
Constitution
does
not deny
the Applicant
Respondent
State. The Applicant,
equal
protection
of the
laws
in the
like other citizens, has been guaranteed
same
range of rights in respect of contesting the election of a president.
these
circumstances,
the Court finds that the Applicant
violation of Article 3(2).
27 Norbert Zongo and Others v. Burkina Faso (merits) § 167.
24
the
Given
has failed to prove
a