This archive report was first published on 7 December 2019.
On December 7, 2019, the East African Court of Justice (EACJ) dismissed a case against the Burundi government over President Pierre Nkurunziza's 2015 bid for a third term.
The case was filed by the East African Civil Society Organisation and the Pan African Lawyer's Union, who argued that Nkurunziza's move to vie for a third term was unconstitutional.
However, the EACJ judge, Monica Mugenyi, ruled that the Burundi national constitutional court had allowed Nkurunziza to run for a third term because it had intended to stabilise the country at the time, while also acknowledging the Arusha Agreement.
According to the ruling, the Burundi constitutional court had applied its mind in the country's constitution and acknowledged the Arusha Accord against related foundation laws, including the electoral code.
Monica Mugenyi said, 'The constitutional court applied its mind in the constitution's promulgation while it acknowledged and tested the Arusha Accord against related foundation laws such as that country's electoral code. It took due cognisance of the political situation that prevailed in Burundi at the time in its determination to what emphasis to place on the Arusha Accord and drew its conclusion.'
The ruling also stated that Article 96 of Burundi's Constitution means that the number of terms by the direct universal suffrage is limited to two only, and Article 302 creates a special mandate by indirect universal suffrage which has no bearing with the terms of office served.
