ECOWAS: Community Court to rule 13 July in Burkina political parties' case

Abuja, Nigeria (PANA) - The ECOWAS Community Court of Justice has fixed judgement for 13 July 2015 in the case brought by seven of Burkina Faso’s political parties contesting the amendment to the country’s Electoral Act which excluded them from participation in the country’s political process, the court said Tuesday.

The seven parties, including the former ruling Congress for Democracy and Progress of erstwhile President Blaise Compaore, are asking the Court to declare that the 7 April 2015 Protocol amending the Electoral Act No.014 passed by the National Assembly in 2001 violated their human rights.

In the suit, the political parties and 13 individuals are asking the court to hold that the amendment promulgated by the Transitional Government, which came into office after the departure of the former President following the violent demonstrations last October, violated the country’s constitution and other community texts.

A panel of three judges of the Court led by Hon. Justice Yaya Boiro on Tuesday, 30 June, heard the arguments of both parties including the counsel to the plaintiff, Mr. Moussa Coulibaly, who submitted that the amendment excluded the plaintiffs from the electoral process and it should be expunged to enable them regain their constitutional rights to participate in the electoral

But the counsels to the government of Burkina Faso, Mr. Mamadou Savadogo and Mr. Guy Herve Kam, urged the Court to declare the suit inadmissible, considering that no violation of human right has been established in this case and citing among other cases, the court’s decision in the case of Hissein Habre v. Republic of Senegal, where the court held there must be "proof of violation…” and that the court lacked jurisdiction to rule in matters of electoral laws of national courts.

Mr. Savadogo aaid restrictions on eligibility can be imposed when the circumstance arises or when a breach occurs, arguing that even the head of the transition process, members of the transitional national councils and others were also excluded from contesting but were entitled to vote. 

The court also granted the application by the plaintiffs for expedited procedure in view of the elections due to hold in the country in October 2015.
-0- PANA SEG 7July2015

07 juillet 2015 13:32:18

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