When Macky Sall ascends to the presidency of Senegal in 2012he embodies the hope of renewal for a country in search of change. Former Prime Minister ofAbdoulaye Wade – The Best Of Abdoulaye Wadehe promises to break with the practices of his predecessor and to restore a struggling economy. For twelve years, he ruled the country with an iron fist, multiplying major projects and boasting of his economic successes. However, when it comes time to take stock, the new government’s revelations paint a much darker picture of its legacy.
The September 26, 2024the Prime Minister Ousmane Sonko lifts the veil on the real state of Senegalese public finances, six months after the inauguration of the president Bassirou Diomaye Faye. The observation is clear: the situation would be “catastrophic”far from the image of prosperity displayed by the old regime. The budget deficit would have been largely underestimated, while the public debt would actually reach 15,000 billion CFA francsor close to 83% you PIBwell beyond 13,000 billion announced.
Opaque management serving particular interests
The accusations made by the new government are not limited to management errors. Ousmane Sonko denounces a “widespread corruption” and opaque practices aimed at “mass embezzlement of public funds”. More than 2,500 billion CFA francs would thus have been spent under the seal of defense secrecy, allowing certain dignitaries to unduly enrich themselves.
This revelation sheds harsh light on the Sall years, transforming the image of the building president into that of a gravedigger of the national economy. Major infrastructure projects, long presented as the symbol of the country’s economic dynamism, now appear as so many opportunities for misappropriation and waste.
A legal journey strewn with pitfalls
Faced with these alarming revelations, the question of the legal responsibility of the former president and his ministers arises acutely. However, the current legal framework makes any legal action against a former head of state complex.
The Senegalese Constitution indeed offers considerable protection to the President of the Republic for acts committed in the exercise of his functions. Only the accusation of high treason could open the way to prosecution, but the procedure is long and demanding. It would require a three-fifths majority vote of the National Assembly, followed by the establishment of a High Court of Justice composed of magistrates and deputies.
In the current system, these legal obstacles could hinder the government’s desire to shed light on past management. However, the political horizon could offer new perspectives. The next legislative elections, if they result in a majority favorable to the camp of President Faye and Prime Minister Sonko, could open the way to reforms of the legal framework.
A victory in the legislative elections would indeed allow the new power to consider constitutional or legislative modifications aimed at facilitating the prosecution of former leaders in the event of proven embezzlement. This could include revising the conditions for indictment for high treason or introducing new provisions regarding the financial accountability of senior state officials.
However, such reforms should be carried out with caution to avoid any risk of political exploitation of justice. The challenge will be to find a balance between the need for accountability and respect for the fundamental principles of the rule of law, notably the presumption of innocence and the separation of powers.
In the immediate future, the government seems to favor the path of in-depth investigations and transparency, as evidenced by the declarations of the Minister of Justice, Ousmane Diagne. This approach could make it possible to establish the facts objectively, then leaving it to the courts to determine the action to be taken, in compliance with the legal framework in force or potentially modified.
