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Senegal: Can the constitutional judge violate the constitutional rights of candidates? – Africa Links 24

Senegal: Can the constitutional judge violate the constitutional rights of candidates? – Africa Links 24

Rédaction Africa Links 24 with pierre Dieme
Published on 2024-03-21 21:47:23

The Constitution of Senegal states in its article 34, first paragraph that “In case of definitive impediment or withdrawal of one of the candidates between the publication of the list of candidates and the first round, the election continues with the remaining candidates. The Constitutional Council adjusts the list of candidates accordingly. The date of the election is maintained.”

Therefore, the decision of the candidates must be respected, as was recently the case with Mrs. S. Wardini whose letter was handled promptly. However, the same fundamental charter provides for the withdrawal of candidacy between the two rounds of the election and even after the second round.

While waiting to revise this provision in order to prohibit the withdrawal of candidacy after the publication of the list of candidates, no authority, not even the constitutional judge, is entitled to ignore this fundamental right.

Refusing to acknowledge a candidate’s decision to withdraw from the competition before the March 24, 2024 election, would it not be akin to playing into the hands of a political faction?

Furthermore, in view of the deadlines for vote counting, handling of any potential complaints, and the proclamation of the final results of the first round of the presidential election, it is certain that President Macky Sall will not pass on the baton to his successor if he maintains his decision to leave office on April 2, 2024.

This is the ethical republican equation that the outgoing President intends to pose to us after being honored numerous times by the Senegalese Nation. However, the Council has already rightly settled the issue in its recent decision no. 5/E/2024.

Does the Council refuse to acknowledge the withdrawal of the President between the proclamation of the final election results and the installation of the elected President?

Ndiaga SYLLA, Electoral Expert

Read the original article(French) on Dakar Matin

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