The mayor of Dakar, Barthélémy Dias, was named head of the national list of the “Samm Sa Kaddu” coalition (Taxawu Senegal, the Prp, the Servants, the Arc, Gueum Sa Bopp, the Pur and Agir). However, his eligibility is debated. Seneweb tried to find out a little more.
“If the provisions of article L.29 of the electoral code apply to Barthélémy Dias, he should not appear on the electoral list. It is very possible that the Constitutional Council will rule out his candidacy for the early legislative elections,” declares Daouda Mine, legal columnist for TFM. During his intervention this Monday morning, he questioned the possible removal of the Dakar councilor from the electoral lists before concluding that it is up to the Constitutional Council to decide.
The day his conviction in the Ndiaga Diouf case — killed during the attack on the town hall of Mermoz Sacré-Cœur in 2011 — became final, the Minister of Justice at the time could request his removal from the list of deputies. A decision which should have been taken, in accordance with the Constitution and the internal regulations of the National Assembly.
He also specifies that, regarding his mandate as deputy, it would have been enough for the minister to request his removal for Barthélémy Dias to lose, de facto, his mandate.
In any case, Barthélémy Dias himself, during a plenary session, challenged Me Aïssata Tall Sall, then Minister of Justice: “Madam Minister, I would like to express myself, as mayor of Dakar, and tell you that you are aware of my situation, since you were my lawyer. You know that I am excluded from the electoral rolls for five years because I have been definitively convicted. »
The decision that can save Barth’
On social networks, some Internet users compare the situation of Barthélémy Dias to that of Ousmane Sonko, also head of the list for Pastef. However, it should be remembered that the candidacy of the current Prime Minister for the last presidential election was rejected by the Constitutional Council, because he had been definitively convicted in the Mame Mbaye Niang affair (a case ultimately covered by the amnesty law) , even if he had not been removed from the electoral rolls. From this decision, it appears that the final conviction can render a person ineligible, even in the absence of removal.
According to some, notably within Pastef, if the candidacy of Barthélémy Dias is contested, this could constitute a reason for rejection, unless the Constitutional Council changes its jurisprudence (as in the Sonko affair).
However, it is necessary to underline an important fact which could “save” Barthélémy Dias. In its latest decision of July 10, the Constitutional Council clearly indicated that the electoral register in force would be applied for these legislative elections, given the short deadlines. It is important to remember that, having not been removed from the lists, Barthélémy Dias voted during the ballot on March 24, which means that he can still be a voter and, potentially, eligible, given that the decisions of the Council apply to itself.
seneweb
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