203. The functions of electoral bodies, including their scope of decision-making, vary across the continent. Accordingly, there are various degrees of the extent of electoral body’s administrative autonomy. The Court therefore cannot conclude that there are any absolute criteria regarding the appropriate amount of administrative autonomy. Instead, this assessment will depend on the particular circumstances of each case. In the instant case the Court finds that the Applicants have not provided sufficient evidence to justify that the administrative autonomy of the Respondent State’s electoral body is manifestly restricted which would prevent it from organising transparent, free and fair elections. 204. Similarly, the Court notes that the requirement of financial autonomy is not an absolute requirement. Considering the discretionary power exercised by Parliament in adopting the bill governing the electoral body’s finances and the involvement of the electoral body through its Bureau in preparing its own budget, the Court finds that its financial autonomy is sufficiently assured. 205. Therefore, the Court dismisses the argument of the Applicants concerning the alleged lack of institutional independence of the Respondent State’s electoral body. Credibility of the electoral body’s independence and impartiality 206. The Applicants also raise concerns regarding the process that led to the adoption of the new law on the recomposition of the electoral body and which undermine the credibility of the electoral body’s independence and impartiality beyond the deficiencies already raised above. 207. The Applicants claim that the legislative process that led to the reform of the electoral body was characterised by a lack of transparency, adequate opportunities to participate in the amendment inclusiveness and process. 208. The Applicants contend that the failure of the government to make the terms of reference, including a discussion schedule, details about the decision-making process and a secretariat to ensure the transparency of the discussions, resulted 45

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