Khalifa Sall case: The 7 sages interpret the stop flap

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The Constitutional Council rejected the request made by Khalifa Sall who, it is recalled, wanted to introduce a shutdown to obtain validation of his candidacy for the next presidential election. The seven wise men of this high court have interpreted this notion of law.

Khalifa Ababacar Sall's lawyers were counting on the suspensive nature of the arrest flap to see the Constitutional Council validate their client's candidacy for the next presidential election. However, the Supreme Court rejected this request before explaining that "if it is established that the arrest flap can be formed against the judgment of the Supreme Court, it can not be assimilated to a second appeal in cassation the purpose of which would be to bring the chambers together, competent to know, to exercise a normative or disciplinary control of the judgment rendered by one of the chambers of the Supreme Court, that it suffices, to be convinced, to refer to the provisions of the organic law n ° 2017-09 mentioned above, that it follows from articles 52 and following of this law that the stop flap can be introduced only if the applicant reports a procedural error which is not attributable to it and which affects the outcome of the dispute ". According to the seven wise men, "the procedural error, referred to in the organic law of 2017, can not be understood as an intellectual error concerning the analysis made by the Chamber or the legal reasoning that it followed. since, in this case, it would lead to the control of the motivation for that reason, the stop flap can not have the effect of opposing, simply because the parties are within the time limit to exercise it, to what one draws all the legal consequences of the decision made by a chamber of the Supreme Court ".

In addition, the judges recall that the provisions of organic law N ° 2017-06 mentioned above on the appeal in cassation can not be extended to the flap of arrest insofar as they are compatible with the nature of this procedure. "This explains that in Article 52 of the Organic Law, the legislator declares Articles 32 to 42 applicable, not to the arrest flap, but to the arrest flap proceedings filed, that the application of these provisions can not be envisaged either before the filing of the procedure, or in case of filing the application, for all the regime of the flap of arrest ". On the quality of elector of the former mayor of the capital, Pope Oumar Sakho and his assessors indicated that "considering, on the third way, that Article L.31 of the Electoral Code, in electoral matters, a derogation from the principle that it is the courts, ruling in criminal cases, that prohibit civil and political rights by providing that a citizen, punishable by imprisonment without a stay for an offense punishable by imprisonment for more than five years, is deprived of the right to register on the electoral lists and, consequently, of the quality of voter, that the decision of condemnation entails, by itself, the deprivation of the right of of voting and loss of elector status ".

Sheikh Moussa SARR

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