Coming up for delivery of Judgement: on 19th November 2021.
Appeal filed: on 1st December 2019.
Rule: 78 (5) of the East African Court of Justice Rules of Procedure, 2013.
Subject matter: Burundi Presidential Election Petition of 2015.
The Appellant appealed against the judgement of the First Instance Division delivered on 3rd December 2019 in Reference No. 2 of 2015 The East African Civil Society Organizations’ Forum (EACSOF) vs The Attorney General of Burundi & Another. The First Instance Division dismissed the Reference having found it improperly before it and remedies sought untenable save for costs of which each party was ordered to bear its own costs.
The Appellant submits that, the First Instance Division erred in law in finding the impugned decision of the Constitutional Court of Burundi was not in violation of the provisions of the Treaty. Further contends the Honorable Judges erred in law and fact in finding the impugned decision of the Constitutional of Burundi in case No RCCB 303 of 05/05/2015 was not in violation of the Treaty provisions and by excusing the acts of the impugned decision by holding that, it was passed with proper application of the Constitution and Arusha Accord.
Additionally, contends the Honorable Judges erred in law and fact by finding that the impugned decision does not fall within the ambit of the conditions set in BE Chattin (USA) vs UN Mexican State, 1927 UNRIAA and by holding that, international judicial review mandate is improperly invoked in the Reference.
Appellant pray for orders reversing the whole judgment delivered in the said Reference, orders prayed in the Reference be granted and appeal be allowed with costs in its favor.
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