JUDGMENT
Introduction
1. The Applicant herein is the Democratic Party, a political organization in
the Republic of Uganda registered under the Political Parties’ and
Organizations Act, 2005. It has sued the 2nd, 3rd, 4th and 5th Respondents
in their capacities as principal legal advisers to their respective
governments and vicariously liable for their actions while the 1st
Respondent has been sued in his capacity as the officer mandated by the
Treaty for the Establishment of the East African Community (“the
Treaty”) to supervise the implementation of the said Treaty.
2. The Reference principally challenges the alleged failure by the 2nd, 3rd, 4th
and 5th Respondents to make individual country declarations in
acceptance of the competence of the African Court on Human and
People’s Rights in line with Articles 5(3) and 34(6) of the Protocol to the
African Charter on Human and People’s Rights on the Establishment of
an African Court on Human and People’s Rights (hereinafter referred to
as “the Protocol” and “the African Court’’ ,respectively). It is urged
that the alleged failure to do so is an infringement of Articles 5, 6, 7(2),
8(1)(c), 126 and 130 of the Treaty and Articles 1, 2, 7, 13, 26, 62, 65 and
66 of the African Charter on Human and People’s Rights (“the African
Charter”) and the Protocol aforesaid. It is further urged that the said
actions were a violation of the Vienna Convention on the Law of
Treaties, 1969.
3. In that regard, the following declaratory orders are sought by the
Applicant:
2|Page