In front of an audience frozen in suspense, the president of the Supreme Court of Senegal, Aly Ciré Ba, announced, Friday, November 17, in a solemn tone that the highest judicial body in the country “crush[ed] and annul[ ai] the decision of the Ziguinchor court of October 12.” This previous judgment reversed the removal from the electoral lists of the opponent Ousmane Sonko and gave the latter a chance to relaunch in the presidential race in February 2024.
By repealing it, the Supreme Court did not question the competence of the Ziguinchor judge but considered that he had committed an error of law in his judgment: according to the court, Ousmane Sonko was indeed notified and informed of the procedure for removing him from the electoral register, contrary to what the Casamance magistrate had considered. Aly Ciré Ba therefore decided to refer the case to the Dakar High Court for a retrial on the merits.
The standoff between Ousmane Sonko and the Senegalese state has kept Senegal in suspense for two and a half years. The opponent, with his sovereignist and pan-Africanist discourse, is very popular with young people, sensitive to his diatribes against “the state mafia”, multinationals and the economic and political influence exercised according to him by the former French colonial power. .
“We are disappointed with Senegalese justice”
In detention since the end of July, the leader of the African Patriots of Senegal for Work, Ethics and Fraternity (Pastef), a party dissolved on July 31, was removed from the electoral register after his conviction in June, to two years in prison for “corruption of youth” in a case in which he was accused of rape. A measure which legally prevents him from running in the presidential election.
By deciding, against the advice of the Attorney General, to overturn the judgment of the Ziguinchor court, the President of the Supreme Court ruled in favor of the state agents, after a long, very technical deliberation. Justifications received coldly by the Pastef activists present in the room, dressed in t-shirts bearing the image of their leader. “That’s not possible! “, exclaimed Moussa Dramé, an elected official from the opponent’s party, leaving the hearing. “We have no more hope. We are frustrated and disappointed with Senegalese justice. Democracy is under threat,” he commented.
After multiple legal twists and turns, the participation or not of Ousmane Sonko in the presidential election of February 2024 is therefore still not decided. Ayib Daffé, acting as Ousmane Sonko’s agent, failed to obtain the sponsorship forms necessary to collect support and submit a candidacy file. However, “the sponsorship campaign ends in a few weeks and until then, the [Dakar] court will not have time to judge,” worries Mr. Bamba Cissé, one of the opponent’s lawyers.
Combative, Me Ciré Clédor Ly, another representative of the defense of the mayor of Ziguinchor, believes that “Ousmane Sonko can gather his sponsorships in less than twenty-four hours, so, until now, his participation is not is not compromised… But the State is playing with time”.
A snub from ECOWAS
Several opposition figures were present in the courtroom on Friday to show their support, such as former Prime Minister Aminata Touré, Déthié Fall, from the Republican Party for Progress (PRP), Habib Sy, from the coalition of opposition Yewwi Askan Wi, and El Malick Ndiaye, from Pastef. “It’s a disappointment, the Supreme Court judge had the opportunity to restore the rule of law. He shied away from his responsibilities,” responded Cheikh Tidiane Youm, president of the conference of Yewwi Askan Wi leaders.
The decision of the highest Senegalese judicial body is the second judicial snub inflicted on Ousmane Sonko’s supporters on Friday. Earlier in the day, the Court of Justice of the Economic Community of West African States (ECOWAS), also seized by the opponent’s lawyers to contest his removal from the electoral lists, had estimated that “Senegal [had] not violated any of his rights.” She had also refused to comment on the dissolution of Pastef.
Fearing excesses, the Senegalese authorities banned the circulation of motorcycles and the sale of retail fuel in the capital on Friday. In the morning, a few tires were burned in the suburbs of Dakar, such as in Pikine or Keur Massar. Protected by a strong police force, the Supreme Court building looked like an entrenched camp.
