The Constitutional Court sitting on the electoral dispute in the presidential election of December 20 held its first hearing this Monday, January 8. The purpose of this hearing was to examine the request of the unsuccessful candidate, Théodore Ngoy, who requests the annulment of the provisional results of the presidential election published by the Independent National Electoral Commission (CENI).
Théodore Ngoy bases this on the irregularities denounced during the day of the vote, in particular the decision of the CENI to invalidate 82 candidates in the national legislative elections for fraud. He therefore raises the exception of unconstitutionality against this decision of the CENI, affirming that it influenced the provisional results of the presidential election.
During the public hearing, Théodore Ngoy asked the High Court to declare his request founded and to annul the provisional results of the presidential election. He also insisted on the need to organize new elections, with a reconstituted CENI including voters from areas of the country under occupation by the so-called rebels, in accordance with the Constitution.
The public prosecutor, for its part, transmitted to the Constitutional Court its opinion according to which it must comply with its previous decisions and affirm that it is competent to judge the regularity of the ballots, and not their conformity. Thus, he considers that the exception raised by Théodore Ngoy is admissible, but unfounded.
Lawyers for the winning candidate in the presidential election also argued for the unconstitutionality of the CENI’s decision, arguing that it does not have the character of a legislative act. They therefore asked the Court to declare the objection unfounded.
The hearing continues at the Constitutional Court to examine the other aspects of the electoral dispute of the presidential election of December 20.
This case once again highlights the importance of the Constitutional Court in a country’s electoral process, as a guarantor of legality and respect for the Constitution. The Court’s final decision will have a significant impact on the political future of the Democratic Republic of Congo.