B. In terms of violation of the principles of separation of powers and
constitutional convergence
51. This principle is set out in the ECOWAS
Protocol on Democracy and Good
Governance, in its Article 1, which states that: “The following shall be declared
as constitutional principles shared by all the Member States: a, b, c, etc.”
52. The Republic of Senegal maintains that natura! persons do not come under
those
principles,
particularly
because
they
cannot
be
dissociated
from
the
States’ obligations to promote democracy, good governance and rule of law.on
their territory.
53.
On
this
separation
issue,
of
the
Court
powers,
is of the
democracy,
convergence,
etc., as stated
constitutional
texts of the
view
good
that
the
grand
governance
principles
and
constitutional
in the Protocol, are principles enunciated
States,
and
the
Court
holds
that
be
difficult to assess
the
extent
to which
principles. In the instant case, the decree which
illegal wealth
and gihe«appointment
the
States
The
Applicants
consider
that
those
consolidates the law against
of judges to_the anti illegalawealth
ae
since
the
as
right, it
observe
anti
court
so
does not amount to violation of any specific human right.
54.
in the
in as much
disregarding any of said principles does not violate any specific human
would
of
illegal-wealth
court
was
inoperative for several years and no mention was made any more of the court
within the structural organisation of the judicial system of Senegal, it could be
considered as no more existent in the Senegalese judicial set-up, and therefore
its re-invigoration by Presidential Decree, and ‘the re-appointment of members
to the court by the Head
of State, constitute a violation
of the
principle of
separation of powers, potentially targeted at violation of their rights.
On the other hand, the Defendant State maintains that the anti illegal-wealth
court was
never scrapped,
nor was the
law creating
it abrogated;
that the
decree made by the President of the Republic only appointed members to the
court, it did not create a new one.
55.
The
Court
invigoration
finds,
on
this
of a law ‘which
issue,
had
not
that
been
the
Applicants
applied
talked
for several
of the
years’,
re-
a law
4
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