Rédaction Africa Links 24 with pierre Dieme
Published on 2024-03-05 17:16:24
– After the holding of the “national dialogue of February 26 and 27, 2024,” the Minister of the Interior declared that the commission he presided over recommends holding the first round of elections on June 2, 2024 with the expansion of the list of candidates selected by the Constitutional Council, while the previous statement from the presidency engaged the president to respect the decisions of the Constitutional Council, of which Article 92 of the Constitution states “that they are binding on the public authorities and all administrative and judicial authorities,” naturally understood to include all institutions covered by the Constitution.
The second commission chaired by the Minister of Foreign Affairs was announced to recommend the Constitutional Council’s choice to extend the same president at the head of our state. What institutional vacuum will there be when, after April 2, the president of the National Assembly does not have the right to succession, which can only be considered when the triggering event occurs during the president’s term?
In this regard, there seems to be an intention to neutralize the decision of the Constitutional Council, which stopped and published the list of candidates.
– Article 92 paragraph 4 of the Senegalese Constitution includes two categorical imperatives: “Decisions of the Constitutional Council are not subject to any appeal.” This is a provision that applies to the judicial order of our country, which includes a hierarchy of courts as well as the possibilities of appeals to higher courts, which do not exist with respect to the Constitutional Council; “They are binding on public authorities and all administrative and judicial authorities.” Public authorities are those organized by the Constitution itself: executive power – legislative power and judicial power, with the Constitutional Council being the designated arbitrator under the first paragraph of Article 92. Neither the executive nor the legislative power have the authority to undermine a decision made by the Constitutional Council.
– Finally, rumors are considering either dissolving the Council or transforming it into a Constitutional Court. Regarding these rumors, it should be noted that the Constitutional Council is established by Article 88 of the Constitution, and its main competencies and major characteristics are defined by Articles 89 to 93; organic laws can be enacted to determine its other competencies and details of its establishment. No renaming or substitution can be carried out without a profound modification of the Constitution; especially since the last paragraph of Article 89 makes the 7-year term of its members sacrosanct.
So, what to do? Put aside personal interests and calculations in order to ensure the stability of our public institutions, reinforce faith in our country, and secure peace.
Me Doudou Ndoye
Read the original article(French) on Dakar Matin
