Protest candidates invalidated during the legislative, provincial and municipal elections in the Democratic Republic of Congo recently suffered a setback in the face of the Council of State. Indeed, the Council of State declared itself incompetent to rule on the appeals for interim relief filed by around twenty invalidated candidates.
According to Maître Aimé Tshibangu, coordinator of the collective of lawyers representing these candidates, the Council of State refused to deal with this question and referred the candidates to the Constitutional Court to contest the decision of the Independent National Electoral Commission (CENI). The protesting candidates, including Evariste Boshab, Gentini Ngobila, Willy Bakonga, Nsingi Pululu and Charles Mbuta Mutu, claim to have evidence attesting to the legitimacy of their candidacy.
The lawyers of the invalidated candidates raise several points of dispute. They accuse the CENI of having exceeded its jurisdiction by invalidating their clients. In addition, they denounce a violation of the rights of the defense, affirming that the CENI made its decision without having first heard the parties concerned.
This decision by the Council of State raises numerous questions about the competence and independence of the institutions responsible for ensuring the smooth running of elections in the DRC. The protesting candidates now hope to obtain satisfaction by taking their appeal to the Constitutional Court.
This case highlights the issues related to the credibility and transparency of electoral processes, not only in the DRC, but also in many countries around the world. Voters have the right to expect fair and equitable elections, where all candidates have equal opportunities. The decisions taken by the competent bodies must be based on clear and objective criteria.
It now remains to be seen how the Constitutional Court will handle these appeals and what the consequences will be on the Congolese political landscape. In any case, this case underlines the importance of a robust electoral system, capable of guaranteeing the representativeness and legitimacy of democratic institutions.