“Good governance including adherence to the principles of democracy,
the rule of law, accountability, transparency, social justice, equal
opportunities, gender equality, as well as the recognition, promotion
and protection of human and peoples’ rights in accordance with the
provisions of the African Charter on Human and Peoples’ Rights.”
42. Article 7(2) then provides that:
“The Partner States undertake to abide by the principles of good
governance, including adherence to the principles of democracy, the
rule of law, social justice and the maintenance of universally accepted
standards of human rights.”
43. We have elsewhere above reproduced Articles 27 and 30 of the Treaty and
read in the context of the present Reference (and we must reiterate the point),
the question before the Court is whether the actions or inactions of the
Respondents violate Articles 6(d) and 7(2) inter-alia. We have held that this
Court has jurisdiction to determine that question and it is also obvious to us that
the issue is both triable and justiciable and we decline the invitation to treat it as
a purely political question.
44. In the event we find that the issues placed before us are justiciable and we
shall in addressing the remaining issues, reach a fair determination of the one
fundamental issue in controversy.
Issue No3: Whether the Application discloses a Cause of Action against the
1st and 4th Respondents
45. The “Application” should be taken to mean the present Reference and
elsewhere above, we noted that the Applicant withdrew all complaints against
the 4th Respondent subject to the issue of costs and so the question as framed,
must be answered with regard to the 1st Respondent only.
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