Prosecutor General had disregarded proper procedures and the law,
particularly the requirement to allow the Bar Council of the Burundi
Bar Association the time prescribed by law within which to act. He
further submitted that the entire process leading to disbarment of Mr.
Rufyikiri in such an unprocedural manner was part of what he termed
“the total scheme against the principle of good governance,
democracy, the rule of law and the respect for human and
people’s rights.”
83. In support of his stance that “any wanton disregard of the rule of
law as happened in this case should be condemned by this
Honourable Court as in breach of the Treaty which is the basic
law of the Community” and supersedes national law on the same
issues, learned Counsel referred us to Article 8(4) of the Treaty and the
Authorities of R.V. Secretary of State for Transport, ex-part
factortame Ltd. And Others [1990] ECR 1-2433; N.V. Algemene
Transporta Expiditie Onderming Van gen En Loos V. Nederlandse
Administratie Del Belastingen [1903] ECA 1 and Samuel Mukira
Mohochi (supra).
84. Counsel concluded his submission on this matter by contending that
accessing a remedy in Burundi was not a bar to the instant Reference
and cited in support of his argument The Anyang’ Nyong’o Case
(supra) and Antony Calist Komu Vs. The Attorney General of the
United Republic of Tanzania, EACJ Ref. 7 of 2012.
85. The submission of the 1st Respondent’s Counsel on this issue has
been reproduced above together with his submission on Issue No.1.
Determination of Issue No. 2
86. We have carefully considered the rival submissions made by the
parties on this matter. As framed, the issue can be divided into three
REFERENCE NO.1 OF 2014
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