THE COURT
On jurisdiction
Unanimously:
i.
Holds that it has jurisdiction.
On admissibility
By a majority of Seven (7) for and Three (3) against, Judges Tujilane CHIZUMILA,
Blaise TCHIKAYA and Stella ANUKAM dissenting:
ii. | Dismisses the objections to admissibility of the Application;
iii. | Declares the Application admissible.
On merits
By a majority of Six (6) for and Four (4) against, Judges
MENGUE,
iv.
Sylvain
ORE,
Suzanne
Tujilane CHIZUMILA and Blaise TCHIKAYA dissenting:
Holds that article 41(7) of the Respondent State’s Constitution, in so far as it
bars courts from inquiring into the election of a presidential candidate who has
been declared elected by the Electoral Commission, violates Article 2 of the
Charter,
By the President's
casting vote
under
Rule 60(4) of the Rules,
with Five (6) for —
Judges Ben KIOKO, Rafaa BEN ACHOUR, Angelo MATUSSE, Chafika BENSAOULA
and M-Therese MUKAMULISA - and Five (5) against - Judges Sylvain ORE, Suzanne
MENGUE , Tujilane CHIZUMILA, Blaise TCHIKAYA and Stella ANUKAM.
34