These provisions show that the framers of the Treaty, attached the
greatest importance to the fundamental principles, among very few
other provisions. Why then, would they attach to them such
importance, including severe sanctions for non-observance thereof,
if they were, as the Respondent claims, no more than mere
aspirations?
Fortified by the above provisions of the Treaty, we agree with the
Applicant
that
these
principles
are
foundational,
core
and
indispensable to the success of the integration agenda, and were
intended to be strictly observed. Partner States are not to merely
aspire to achieve their observance, they are to observe them as a
matter of Treaty obligation. In our view, all the six principles in the
Article were each carefully thought out, negotiated, appropriately
weighted, individualized and crafted the way they are for a particular
effect. Integration depends on each of them singly and collectively.
ii)
The principle in Article 6(d), which was the main target of the
Respondent’s attack, is good governance. “Good governance”
means many things in many contexts. Wikipedia, the online
Encyclopedia defines it in descriptive terms. We paraphrase it
thus:
“Good governance is an indeterminate term used in
international development literature to describe how
public institutions conduct public affairs and manage
public resources. The concept “good governance”
centres around the responsibility of governments and
governing bodies to meet the needs of the masses.
Because the term “good governance” can be focused
on any one form of governance, organisations and
authorities will often focus the meaning of good
governance to a set of requirements that conform to
REFERENCE NO.5 OF 2011
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