Those who welcomed the return of the “rule of law” and the “Senegalese democratic model” after the decision of the Constitutional Council on Thursday, February 15, will quickly have been overtaken by the uncertainties and political-legal quarrels. Because if the wise men dismissed President Macky Sall by canceling the postponement of the presidential election, they did not decide on everything. They left a major point unresolved by not setting a new date for the vote. The issue is already tearing apart the Senegalese political class, while Macky Sall promised on Friday to “fully execute” the decision of the Constitutional Council and to “conduct consultations without delay”.
Only one thing is recorded by the Constitutional Council: “the impossibility of organizing the presidential election on the date initially planned” of February 25. He “invites the competent authorities to hold it as soon as possible”. A real puzzle awaits, where everyone has their own interpretation. “Best deadlines” does not mean “short delays” or “without delay”, underlines a deputy from the presidential majority.
“When the Constitutional Council speaks of “best deadlines”, it suggests that there must be a transfer of power before April 2, because there is no question that the President of the Republic will extend the duration of his mandate, as the “indicates article 103 of the Constitution,” explains Sidy Alpha Ndiaye, associate professor of law at Cheikh-Anta-Diop University in Dakar. In their decision, the constitutional judges are clear: “the duration of the mandate of the President of the Republic cannot be reduced or extended according to political circumstances”, “the mandate of the President of the Republic cannot be extended” and “the date of the election cannot be postponed beyond the term of office.”
While Macky Sall was suspected for many months of wanting to run for a third term – before publicly renouncing it in July – several opposition parties and civil society movements have forcefully demanded, in recent days, the meeting this April 2 deadline by maintaining pressure with calls to march on Friday and Saturday. Several Western diplomats also insist on the need to respect this deadline, ensuring that they “put pressure” in this direction. Even if it means that a transition then takes place.
A tight schedule
The head of state finds himself locked into a tight institutional schedule. “The first round could be held on March 3 or 10, then a second round on March 24 at the latest,” says Issa Sall, a former member of the Autonomous National Electoral Commission (CENA). Thierno Bocoum, lawyer and former opposition deputy, underlines that article 31 of the Constitution provides that “the vote for the election of the President of the Republic takes place forty-five clear days at most and thirty clear days at least before the date of expiration of the mandate of the President of the Republic in office”, which would lead to setting the presidential election for March 3.
This would announce an express campaign start for the candidates for the supreme office, because the electoral code provides that they have three weeks to survey the territory. The presidential decree convening the electoral body should therefore be published by Saturday evening. According to Issa Sall, not only is this timetable legally tenable, but it is also possible in technical terms. “The Directorate General of Elections is ready. The ballots have been produced, some have even already been sent outside the country to consulates,” assures the expert, who has organized numerous elections in the country.
What remains is the printing of electoral lists and attendance lists, but Issa Sall assures that this can be done within the remaining time: “On a material level, there is no problem, in my experience. »
For El Hadj Omar Diop, teacher-researcher at the faculty of legal and political sciences at Cheikh-Anta-Diop University, it is nevertheless necessary to consider a slight shift in the dates of the election in the face of the exceptional situation: “The first round could take place in mid-March then the second at the end of the month, and the transfer of power would be postponed by ten days at most. This would be acceptable because we are in a special situation. »
Macky Sall also has the possibility of resigning on April 2, leaving power in the hands of the President of the National Assembly, who is mandated by the Constitution to act in the interim and who must organize a vote within 90 days. “Everything is doable, there just needs to be political will,” assures El Hadj Omar Diop.
“Decision of pride”
“Focusing on April 2 is a regrettable obsession,” says Cheikh Seck, deputy of the majority. Seydou Gueye, the secretary general to the government, assures for his part that materially, “there is a strong chance of not being able to hold the election before April 2.” According to him, a new consensual date must be found “as part of a dialogue with all stakeholders” in order to arrive at “a regular and transparent process, with zero or marginal disputes, to give a real basis to the next president “.
Within Benno Bokk Yakaar, the ruling coalition, several voices are being raised to contest the decision of the Constitutional Council, emphasizing that it is accused of having been manipulated by the ruling candidate during the validation of the candidacies. “It is a decision of pride on the part of this seriously questioned jurisdiction. How much credit can we give these judges? We are exposing ourselves to a serious post-electoral crisis,” continues Cheikh Seck, who emphasizes that elections cannot be arbitrated credibly and impartially by this jurisdiction in these conditions. One of the judges accused of corruption also decided not to sit on February 15.
“To set the “best deadlines”, we must first settle the points on which the Constitutional Council has been questioned, then we must take into account the social and climatic calendar: Ramadan, the Magal of Touba [an important religious festival], wintering [the rainy season, which lasts from June to October]…”, lists the MP. The new date would then be close to that set by the deputies and which was overturned by the Constitutional Council, i.e. December 15.
An option which could also appeal to several opposition political actors, such as Ousmane Sonko and Karim Wade, who had been eliminated from the presidential race by the Constitutional Council and whose return to the electoral process was at the heart of the latter’s negotiations. days.