For the first time in nearly twenty years, the High Court of Justice of Senegal will judge former ministers, accused of embezzlement linked to the COVID Fund. An emblematic decision which reflects the will of President Bassirou Diomaye Faye to break with impunity, but which deeply divides the political class.
It is an exceptional procedure in the history of Senegal. For the first time in almost two decades, the High Court of Justice will be activated to judge former members of a government. Five ex-ministers of President Macky Sall are targeted, accused of embezzlement of public funds, mainly linked to the management of the anti-COVVID fund. This decision, the fruit of a majority vote of the deputies, marks a political turning point under the Bassirou Diomaye Faye era, newly elected with a flagship promise: the relentless struggle against corruption.
Rarious procedure in Senegalese judicial history
Since independence in 1960, the High Court of Justice has only been asked twice. The first time in 1963 to judge Mamadou Dia, then president of the Council, and the second in 2005 with former Prime Minister Idrissa Seck. The activation of this special jurisdiction, competent only to judge the heads of state and ministers for acts committed in the exercise of their functions, testifies to the seriousness of the current accusations. This time, it is the names of Moustapha Diop, Amadou Mansour Faye, Aïssatou Sophie Gladima, Salimata Diop and Ismaïla Madior Fall will be at the heart of the debates.
-The accusations are heavy. The majority of the accused are suspected of having diverted colossal sums from the “Force COVI-19” fund, estimated at 1,000 billion CFA francs, supposed to strengthen the health system and help households during the pandemic. Moustapha Diop would have engaged 2.5 billion in cash for the production of masks, in violation of accounting rules. Mansour Faye, brother-in-law of the former president, is accused of an unjustified surplus of 2.7 billion in rice purchases. As for Gladima and Salimata Diop, they must respectively justify expenses of 193 million and 57 million FCFA for projects related to the health crisis.
Ismanic Mador FALL, A CASS A
The former Minister of Justice, Ismaïla Madior Fall, distinguishes himself from others. He is not prosecuted for his management of the COVID fund, but for alleged facts of corruption and concussion. A property developer accuses him of having demanded 250 million FCFA for the award of a market, a sum of which a deposit of 50 million would have been paid before the cancellation of the contract. Allegations he categorically refutes. His file could constitute a delicate precedent, because he touches the heart of the judicial system itself.
Under the leadership of Bassirou Diomaye Faye, elected in March 2024, this trial is part of a vast operation of “accountability” advocated by the new power. With a parliamentary majority acquired in its coalition, the regime multiplies investigations targeting former dignitaries of the Sall administration. For his supporters, it is a question of restoring the transparency and the integrity of the state. But the opposition denounces an “exceptional jurisdiction”, a “witch hunt” and is worried about a shift towards an instrumentalized justice.
A divided Senegalese company, but attentive
This highly symbolic trial promises to be followed very closely by public opinion. In a country where financial scandals have often left a taste for impunity, many hope to see a new era of responsibility emerge. For others, the High Court of Justice, without appeal or appeal, arouses fears about defense rights. In any case, this judicial moment could redefine the lines of power and political responsibility in Senegal for the years to come.
