2024-02-17 06:48:26
On February 15, last Thursday, the Constitutional Council annulled the constitutional law adopted by Parliament and the presidential decree which had canceled the first round of the presidential election scheduled for February 25 and decided on the date of December 15 to organize this election . Is this decision historic?
It should not be considered as such because in reality, the Constitutional Council only did its job which consists of enforcing the letter and spirit of the Senegalese Constitution which were clearly violated by the joint political maneuver of some of the deputies and President Macky Sall. Postponing the election until the end of the year amounted to extending the president’s mandate by nine or ten months, an explicit violation of one of the intangible provisions of the Constitution, which the Constitutional Council clearly recalled in her decision.
This should not be seen as exceptional, but we have become so accustomed, in many French-speaking African countries, to the crushing of all institutions by the omnipotence of presidential power that we can only consider it courageous and salutary. I said here last week that the least dangerous scenario for the stability of Senegal would be the very rapid announcement of a return to an electoral calendar compatible with the peaceful departure of the president next April, in accordance with the letter of the constitution. The constitutional council both stated the law and played its role – which is just as essential – as a council of wise men.
But the Constitutional Council does not set a new date for the election… Doesn’t this constitute a risk?
I do not think so. The Constitutional Council does not go beyond its powers. If the date of February 25 is clearly no longer tenable, the council’s message is clear. He asks the competent authorities to organize the election as soon as possible, taking into account the missed electoral campaign days. Since everything was supposed to be ready to organize the vote on February 25, the government should have no excuse not to organize the first round of the presidential election at the beginning of March, so as to give maximum chances of respecting the date of April 2 for the passing of the baton between the president Macky Sall and his successor.
It is up to President Macky Sall to issue a decree convening voters on a new date in compliance with the decision of the Constitutional Council which is binding, according to the constitution, on public powers and all administrative and jurisdictional authorities. . Even if nothing should ever be ruled out, it would be disastrous for those in power to attempt a new maneuver to postpone the election for several months.
We must salute the exceptional mobilization, both firm, but responsible and peaceful, of the majority of actors in Senegalese civil society, including academics and religious authorities who have taken extremely clear positions in favor of respect for the Constitution.
You take the opportunity to recall one of Wathi’s recurring messages: the need to strengthen in West African countries all the institutions which ensure the balance of powers, including constitutional courts.
For several years, and in particular in one of Wathi’s publications on West African Constitutions, we have insisted on the imperative of strengthening constitutional jurisdictions. We have explicitly recommended the choice of a method of designating the members of these courts which aims to create the conditions for their effective independence, by “ emphasizing a non-renewable, long-term mandate and explicit conditions of personal integrity and relevant professional experience. »
We also proposed that the constitutional texts provide for the possibility for any citizen to seize the constitutional jurisdiction by following for example the example of Benin and its constitutional court which, at key moments in the history of the country, set limits to presidential power.
At a time when part of West African public opinion seems to think that the defense of freedoms, human rights, the separation of powers, are only the whims of Westernized intellectuals, the Constitutional Council of Senegal has just recalled that the Respect for the rules is a powerful factor for peace, stability and security. It should perhaps be remembered that many precolonial African political entities had councils of elders with a role very similar to that of contemporary constitutional jurisdictions.
For further :
What type of constitution do West African countries need today?
“We must change the relationship between those who govern and those who are governed in West Africa”,
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