Senegal: “On April 2nd, I am leaving my position, even if my successor is not elected by March 24th”

President Macky Sall has officially announced his intention to leave office on April 2nd, during an interview with the BBC on March 20th. This declaration comes at a time of uncertainty surrounding the holding of a presidential election before the April 2nd deadline. According to his statement: “As of March 24th, if a new president is elected, we will have the opportunity for me to pass the baton to him. And if he is not elected by the 24th, then on April 2nd, I will leave, as April 2nd is the deadline and I do not intend to stay a day longer as I have already stated.”

In the event that no successor is elected by the set date, the Constitutional Council will have to acknowledge the vacancy of power and designate the president of the National Assembly as a stand-in, until a second round is organized. President Macky Sall thus emphasizes the inevitability of his departure: regardless of the electoral process, he will leave office on the announced date.

However, the legal framework for this transition has been clarified in a decision by the Constitutional Council, indicating that if the first round of the presidential election takes place before April 2nd, the President of the Republic would remain in office until the installation of his successor, citing Article 36 of the Constitution. In the same decision, the Constitutional Council also stated that if the first round of the presidential election does not occur before April 2nd, the President of the Republic must leave office on April 2nd. In this case, the Constitutional Council would confirm the vacancy of power and ask the president of the National Assembly to take an oath to continue the ongoing electoral process.

Considering paragraph 2 of Article 36 of the Constitution, which states: “The incumbent President of the Republic remains in office until the installation of his successor,” if Macky Sall were to leave office without following a legal route such as resignation, it would constitute a violation of the Constitution, but this resignation must occur before midnight on April 2nd.