Rédaction Africa Links 24 with pierre Dieme
Published on 2024-03-03 14:52:37
The Constitutional Council has overturned the draft law regarding the postponement of the presidential election and the repeal of the decree convening the electoral college. To do this, former prosecutor Alioune Ndao, who is also the leader of the Party for Justice, Democracy, and Development (PJ2D), analyzed the current political situation in Senegal.
The political scenario in Senegal is not provided for in the Constitution. This is because the President of the Republic is neither incapacitated, deceased, nor resigned. Therefore, this scenario does not align with Article 34 of the Constitution, which states that beyond April 2, marking the end of the President’s term, the President of the National Assembly would act as a substitute.
Currently, the President’s only prerogative is to sign the decree convening the electoral college so that the Senegalese people can vote. The Constitutional Council is the supervisor of the presidential election. Hence, the country is currently in the hands of the Constitutional Council. While other courts mechanically apply the law, the Constitutional Council has the authority to “create” the law to address certain situations, as stated by the leader of the Party for Justice, Democracy, and Development (PJ2D).
Alioune Ndao took the opportunity to congratulate the Constitutional Council for overturning the draft law on postponing the presidential election and the decree repealing the electoral college.
In the event of a runoff and the death of one of the candidates, the Constitutional Council has the authority to postpone the election. Currently, Macky Sall and his colleagues are panicking because they know they are going to lose power, as pointed out by the former prosecutor.
Macky Sall cannot abolish the Constitutional Council. The only thing he can do is to transform the Constitutional Council into a Constitutional Court, where he would ultimately have to resort back to the Constitutional Council to handle an appeal, according to a source.
Translated by AI
Read the original article(French) on Dakar Matin
