proposed
them
cannot be of any consequence
whatsoever,
according to the
Respondent State, since they stay appointed for a fixed term of office.
159. The Respondent State notes also that the Chairperson of the Central Electoral
Commission
is elected for a six-year term which
is not renewable.
It, therefore,
contends that the Chairperson is under no obligation to manage the institution in
such a way that would win him favours and assure the renewal of his term. This
individual safeguard of independence of the Chairperson also results in a higher
level of independence of the institution itself, according to the Respondent State.
160. Lastly, the Respondent State asserts that the legal reform it carried out to comply
with the judgment of the Court in APDH
v Céte d'Ivoire (merits) resulted in a
balanced composition of the electoral body. The Respondent State notes that it
removed the representatives of the President of the National Assembly and of
the Minister of the Economy and Finance. It also added two representatives from
CSOs which now constitutes the largest group within the electoral body with its
six (6) members, which further guarantees its impartiality and independence.
It
also reduced the number of political parties’ representatives from the ruling party
from four (4) members
proposed
by opposition
to three (3) members
while retaining four (4) members
parties. The result of these
amendments
is that the
composition of the electoral body is not dominated by any political group, either
by those in power or from the opposition.
161. The Respondent State did not make any submissions regarding the allegations
by the Applicants that the composition of the electoral body remains imbalanced
at the Local levels.
tek
162. When
considering the issue of the composition
of the electoral body and
its
relationship to independence and impartiality of electoral body, the Court takes
note of the international human
rights instruments and
relevant jurisprudence
governing this issue. Specifically, the Court takes into consideration Article 17 of
the ACDEG,
Article
3 of the
ECOWAS
Democracy
Protocol
and
the
Court’s
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