The decision is a devastating rejection of Senegalese power. On Thursday, February 15, the Constitutional Council declared the postponement of the presidential elections to December 15 invalid, plunging the country further into uncertainty. The panel, which was seized by several opposition members and about 10 candidates for the highest office, declared “unconstitutional” the law that would postpone for 10 months the vote that was scheduled to take place on February 25 and the retention of President Macky Sall in office. . Exercising office beyond the end of his mandate.
Although this also repeals the presidential decree that de facto changed the electoral calendar, the body does not set a new date for the vote. Given the delay in the process, it confines itself to “noting the impossibility of organizing the presidential elections on the date originally scheduled” (February 25) and “invites the relevant authorities to hold them as soon as possible”.
The decision to postpone the election was announced by President Macky Sall on February 3 and ratified by MPs two days later during a turbulent session during which the opposition's elected representatives were expelled from the National Assembly. Deadlines have been consistent since independence been adhered to.
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Seized by opponents who considered this calendar shift unconstitutional, the Constitutional Council was particularly awaited, even if the Senegalese head of state did not commit to following his opinion. “When the decision is made, I can say what I will do,” he told The Associated Press on February 9. Several leaders of the presidential movement believe that the members of the Council do not have the power to control a constitutional law. An interpretation that the seven wise men questioned as they considered themselves “competent” to decide on the legitimacy of the texts.
Judge suspected of corruption
Nevertheless, the jurisprudence finds itself in an uncomfortable position, to say the least. While maintaining her impartiality, she is accused of influencing the electoral process. Two of the seven judges who make up the council were accused of corruption by the Senegalese Democratic Party (PDS) for withdrawing its candidate Karim Wade, son of former President Abdoulaye Wade (2000-2012), from the race for the had ruled out the presidential election. The latter had been disqualified because he had not renounced his French nationality in time, as the constitution required that any candidate for the highest office must be exclusively Senegalese.
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The PDS then sought the formation of an investigative commission in the National Assembly and accused Amadou Ba, the movement's prime minister and presidential candidate, of “using his power to manipulate the election and eliminate candidates.”
“Proof that we are in the rule of law”
“The Constitutional Council had no other choice to clear its honor,” reacted Thierno Alassane Sall, an opposition MP. Karim Wade was removed from the game for perjury [sur sa nationalité française] And it is his party that accuses judges of corruption? It was a grotesque situation. »
For its part, the PDS did not want to answer Le Monde's questions. “At least we have proof that we are in the rule of law. “No one will dare question the independence of the judiciary,” a presidential source said.
The decision of the Constitutional Council calls into question the negotiations that began in recent days thanks to the mediation of several mediators responsible for bringing together Macky Sall and the ex-Pastef (African Patriots of Senegal for Work, Ethics and Fraternity), the party of Ousmane Sonko, which was dissolved in July 2023.
Mediation for a way out of the crisis
Three main points are at the heart of the discussions: the participation of opposition leaders in the national dialogue desired by the head of state, the date of the presidential election and the withdrawal of Macky Sall, whose term must end on April 2, from the presidency of the Republic.
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A few hours before the Constitutional Council's decision was published, the slow release of several so-called political prisoners began. Among them are opposition figures such as Aliou Sané from the Y'en a marre movement and coordinator of the civil society platform F24.
“All my clients have benefited from the automatic provisional release at the initiative of the public prosecutor,” assures Me Moussa Sarr. The lawyer added that the legal process would still take its course. “The release of prisoners is a unilateral decision that is not the result of negotiations,” Amadou Ba of Ex-Pastef asserts categorically. For now, none of the country's two most famous political prisoners, Ousmane Sonko and his right-hand man, Bassirou Diomaye Faye, had been released. In recent days the possibility of an amnesty concerning them has been on the table.
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“All for it!” laments a Western diplomat, explaining that Westerners were united when they tried to convince Macky Sall to give up power before April 2. “We had pressure tactics. Macky Sall wants to go home with a reputation as a great man. His goal is to occupy Africa's seat at the G20 and one day even become UN Secretary General. “If he stays in power, all of this will be unthinkable,” he explains.
Senegalese power “nails on sight”
The international community has expressed concern about the deteriorating situation in Senegal. The postponement of the presidential election “cannot be considered legitimate,” the US State Department responded in a press release on February 8th. A diplomatic source assures that the decision to postpone the vote is “not premeditated” and regrets that the Senegalese government is navigating “on sight”.
Can the election take place on February 25th from now on? There is no timetable attached to the decision of the constitutional judges, provided it goes in the direction of the opposition, which fought against the postponement of the election. According to international observers, this could be possible from a technical point of view since much of the voting equipment is in use. But politically it is likely to be much more complicated, especially since the candidates were unable to campaign.
“Unfortunately, the council did not set the date for the new election and left the prerogative to the authorities. However, this does not mean a blank check for Macky Sall: the vote must be organized as quickly as possible. Under no circumstances can he go beyond April 2, which marks the end of his term,” warns Amadou Ba, former Pastef manager.
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On the government side, Minister Seydou Gueye, also spokesman for the presidential party, warns that “there is a high probability that the elections cannot be held before April 2nd.” “The Constitutional Council does not issue an interim injunction. It’s up to the executive to find an amicable date,” he believes. As the country descends into uncertainty, eyes are once again on President Macky Sall.