By Yusef Taylor, @FlexDan_YT
A statement published by Senegal’s embattled President Macky Sall yesterday 16th February 2024 highlights that he “will without delay conduct the necessary consultations for the organization of the presidential election”. The statement is in reaction to a decision taken by Senegal’s Constitutional Council which concluded that President Macky Sall’s decree of 3rd February 2024 which postponed the 25th February 2024 Elections lacks legal basis and is wrong.
After President Sall’s decree to postpone the presidential elections because of election irregularity, he turned to the National Assembly which passed a ruling to postpone the presidential elections to 15th December 2024. The law also extended President Sall’s term which is set to end on 2nd April 2024.
Senegalese Authorities Postpone February Presidential Election Against ECOWAS Protocol
The date for the presidential elections has still not been confirmed with the State House presser highlighting “the impossibility of organizing the presidential election on the date initially planned”. To this end, the various authorities will be consulted to ensure that a Presidential election will be held “as fast as” possible. The President added that he “intends to fully implement the Decision of the Constitutional Council”.
The turnaround started after significant pressure from numerous actors and stakeholders inside and outside the country after Presidential Sall’s shock decision to postpone the elections. This followed resignations from President Sall’s cabinet, and condemnations from prominent personalities and authorities such as Youssou Ndour, the United States, ECOWAS and many others, which meant President Sall was becoming more isolated and fighting a losing battle to cling on to the Presidency.
His plans started to unravel after a court appeal by over 38 National Assembly members and Candidates in the presidential election of 25th February 2024 was lodged in the Senegalese Constitutional Council. The appeal called for a declaration that the National Assembly’s motion to postpone the presidential elections violates Article 31 of the Constitution and to order the continuation of the electoral process as well as to adjust, if necessary, the date of the Presidential election to take into account the lost campaign days.
The Constitutional Council which operates like a court ruled that “the mandate of the President of the Republic cannot be reduced or extended at the discretion of the political circumstances, whatever the objective pursued”. In addition to this, the court ruled that “the date of the election cannot be postponed beyond the duration of the mandate”. The Constitutional Council highlighted that according to Article 31 of the Constitution “the ballot for the election of the President of the Republic [must] take place 45 clear days at most and 30 clear days at least before the date of expiration of the mandate of the President of the Republic in office”.
Given the timescales stipulated, the presidential elections must take place before Saturday 2nd March 2024 given that President Macky Sall’s term is set to expire on Tuesday 2nd April 2024.
The Constitutional Council took note that the presidential Vote may only be postponed in the event of death, permanent incapacity or withdrawal of a candidate which according to them means that neither the President of the Republic nor Parliament can postpone a Presidential election. To this end, the Council concluded “that it is wrong that the presidential election has been postponed” and ordered the election to be conducted as soon as possible.
Senegalese Authorities Postpone February Presidential Election Against ECOWAS Protocol