Title: The summary hearings at the Council of State on the invalidation of candidates: a legal battle for the legality of the elections
Introduction :
The Council of State was the scene of summary hearings concerning the invalidation of 82 candidates by the Independent National Electoral Commission (CENI). The applicants’ lawyers argued that this decision was illegal and requested that its effects be suspended. The debate focused on the competence of the CENI and respect for the adversarial process.
The bottom line:
Lawyers for the invalidated candidates argued that the CENI exceeded its powers by canceling elections in certain constituencies. According to them, the CENI should only limit itself to publishing provisional results and does not have the power to cancel elections. They also highlighted the fact that the candidates never had the voting machines in their possession, calling into question the evidence presented by the CENI.
Form and procedure:
The lawyers insisted on the non-compliance with the adversarial procedure by the CENI. They claimed that the candidates were not given the opportunity to present their defense before the decision of invalidation was made. According to them, it is essential to respect the principles of justice and fairness to guarantee fair and democratic elections.
Waiting for a decision:
After the pleadings, the Council of State took the matter under advisement and promised to render its decision within 48 hours. The applicants’ lawyers hope that the Council of State will judge their request admissible and well-founded, which would force the CENI to reconsider its decision. They are awaiting concrete evidence from the CENI to justify the invalidation of the candidates and want justice to prevail in this matter.
Conclusion :
The summary hearings at the Council of State highlighted the legal issues surrounding the invalidation of candidates by the CENI. The legal battle focuses on the competence of the CENI and respect for the adversarial process. The applicants’ lawyers hope that the Council of State will rule in their favor, thus guaranteeing the integrity and legality of the elections.