@article{2025:nzko:la_cour_af,
title = {La Cour Africaine des Droits De L’homme et des Peuples: Une Solution aux Contestations des Élections en Afrique},
year = {2025},
note = {In Africa, the persistence of post-electoral crises despite national
legal and political solutions necessitates an exploration of
alternative remedies. The African Court on Human and Peoples’ Rights
(ACHPR) presents a credible and serious alternative for resolving
disputes related to national political elections. This is due to its
flexible handling of petitions and its credible approach to dispute
resolution. The ACHPR’s flexible approach is demonstrated by the
expanded power of individuals and electoral observers to challenge
election results. Similarly, certain non-governmental organizations
with observer status can also bring cases before the Court. This
broader access gives a voice to those often marginalized in national
processes, such as voters. The Court's flexibility is also evident in
its use of a wider range of legal references, including regional and
international human rights instruments, in its rulings. This contrasts
with national constitutional courts that are often constrained by
domestic laws, which are sometimes seen as tailored to favor the
ruling party. Furthermore, the ACHPR’s decisions are more credible
due to its expanded judicial powers and the guarantee of a fair trial.
The Court can review and even suspend contested electoral laws.
Crucially, the judges on the ACHPR offer greater guarantees of
independence and impartiality compared to many national constitutional
judges, who may be appointed by the head of state. The process for
electing judges to the ACHPR, their diverse nationalities, and the
clear rules for recusation all enhance the Court’s credibility.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {328--349},
author = {Nzéko, Aubran Donadoni Ntolo},
volume = {58},
number = {3}
}