Concerning the application for expedited procedure, the Republic of Senegal
maintains that Mr. Karim Meissa Wade simply argues that since the electoral
process had already begun, “any delay, very characteristic of the ordinary
procedure of the Court, runs the risk of extinguishing the essence of his
Application, and render his substantive request purposeless,” without
demonstrating whether he was prevented in any way whatsoever from filing his
application earlier than he did; the Republic of Senegal puts up the defence that
the only urgency Mr. Karim Meissa Wade may be feeling, as hanging on him, is
the one created by his own failings by deliberately choosing to ignore the
opportunity open to him by the applicable Senegalese law to enable him put his
name on the electoral register.
The Republic of Senegal therefore requests that the application for expedited
procedure be rejected as ill-founded and Karim Meissa Wade be asked to bear
all the costs.
At the hearing of 8 February 2019, the matter was heard under expedited
proceedings.
ANALYSIS OF THE COURT
REGARDING JURISDICTION OF THE COURT
The Republic of Senegal argues that prima facie, the Court has no jurisdiction
over the matter.
In the terms of the provisions of Article 9(4) of Supplementary Protocol
A/SP.1/01/05 amending Protocol A/P.1/7/91 on the Community Court of
Justice, the Court has jurisdiction to determine cases of violation of human rights
that occur in any Member State.
In compliance with these provisions, the Honourable Court has affirmed on
numerous occasions that allegations of violation of human rights in an
application suffice on their own for the purposes of upholding the jurisdiction of
the Court without prejudging the veracity of the facts alleged; this was notably
the decision made in Les Etablissements VAMO and Pascal Kuekia v. Republic of
Benin (Judgment No. ECW/CCJ/JUD/12/15 of 20 April 2015), and El Hadj Mame
Abdou Gaye v. Republic of Senegal (Judgment No. ECW/CCJ/JUD/01/12 of 26
January 2012).
Translator: E. Nkansah 8