During the hearing of Thursday, February 3, 2022, the Court noted that because a document was filed on the day of the hearing, it was compelled to adjourn to give time for its translation to enable all the judges in the three-member panel to understand the contents in their language.
They also cited Article 13 of the African Charter on Human and Peoples’ Rights ; Articles 4 and 6 of the African Charter on Democracy, Elections and Governance, Articles 4 and 5 of the revised ECOWAS Treaty; Articles 1, h), 4 paragraph 1, 5 and 6 of the ECOWAS Protocol on Democracy and Good Governance.
Citing the electoral calendar of the country’s Independent National Electoral Commission , Counsel for the applicants, Mr. Bachirou Amadou ADAMOU stated that it provided that citizens of the zone two regions, of which Nigeriens in the diaspora belong, should register on the electoral register between February 6, 2020 and April 20, 2020.
It added; “A temporary derogation from the implementation of Article 37 al 1 of the Electoral Code in relation to the biometric national electoral register, with regard to the enrolment of Nigeriens in the diaspora is not contrary to the constitution. It therefore held that the national biometric electoral register, even in the absence of lists of embassies and consulates, remains valid.”
In its response, the Respondent, represented by Mr. MAINASSARA Oumarou, firstly indicated that the CENI had experienced difficulties in the involvement of Nigeriens in the diaspora, which explains consultations with the government, it restricted participation to those in 23 countries. Then missions were organized in these countries to see how to set up the administrative commissions for enrollment and voting.
Source: Law Daily Report (lawdailyreport.net)
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