DRC: Fayulu petition dismissed as Court upholds Tshisekedi as President

By Okello Okello On Jan 20, 2019 1,514 0

Felix Tshisekedi, leader of the Congolese main opposition party, the Union for Democracy and Social Progress who was announced as the winner of the presidential elections meeting to his supporters in Kinshasa. Photograph: Baz Ratner/Reuters

The constitutional Court in the Democratic Republic of Congo (DRC) has rejected presidential candidate Martin Fayulu’s appeal seeking a manual vote’s recount following a doubtful election where Felix Tshisekedi became a victor as the DRC President-elect.

The constitution Court which sat yesterday 19^th January 2019 morning said Fayulu lacked “sufficient evidence” of rigging to warrant a recount.

Court agreed with the electoral commission’s lawyers that Martin Fayulu did not present the evidence to prove he got 60% of the vote as he claimed in the media. “Felix Tshisekedi is the duly elected president of DRC,” said the court in the wee hours of Sunday.

This development will be seen as partial success for Tshisekedi whose election continues to attract stiff resistance from EU countries and influence from the DRC’s Catholic Church.

The African Union (AU) earlier this week expressed “serious doubts” about the integrity of the election outcome and urged DRC to delay the pronouncement of the final election outcome.

The Constitutional Court has emphasized that its ruling is “irrevocable”.

A cross section of African Union leaders resolved to send representatives including the current chair, President Paul Kagame to Kinshasa to meet with DRC’s top leadership to discuss the political situation.

Observers will argue that the Constitutional Court’s decision not only punches holes in Fayulu’s claims of massive rigging but also legitimizes Tshisekedi’s election.

Tshisekedi appears to have the support of SADC which has appealed to the international community to respect the sovereignty and territorial integrity of DRC in accordance with. The SADC Summit held this week also recognized and underscored the role of the Constitutional Court of the DRC and called upon the international community to “respect the Constitution of the Democratic Republic of Congo and the internal legal and political processes for the finalization of the electoral process.”

Tshisekedi will be sworn in as DRC’s President next week, taking over from President Joseph Kabila.