Barthélémy Dias files an appeal before the Constitutional Council

Barthélémy Dias filed an appeal yesterday before the Constitutional Council to obtain the annulment of his removal as a deputy of the 15th legislature. The “dismissed mayor” of Dakar did not hesitate to enlist very big names from the Senegalese Bar in his fight. We can retain stingy lawyers like Me Doudou Ndoye, Borso Pouye, El Hadj Amadou Sall, El Hadji Diouf and Alioune Badara Fall. The request filed on the table of the 7 Wise Men of the Constitutional Council speaks of a violation of the provisions of articles 61 of the Constitution and LO 198 of the Electoral Code.

According to “Le Témoin”, the black dresses invoke art 61 of the Constitution, which provides that “ the member of the National Assembly who is the subject of a final criminal conviction, is removed from the list of parliamentarians at the request of the Minister of Justice “. At the request of the Minister of Justice, the National Assembly, through its office, must transmit to the Constitutional Council on the basis of art LO 198 of the Electoral Code. “ Whereas it is common ground that in this case, the office of the National Assembly in its decision of December 6, proceeded to the removal of Mr. Barthélémy Dias from the lists of deputies, in violation of article LO198 of the Code electoral, which provides: the forfeiture provided for by art LO162 of this Code is noted by the Constitutional Council, at the request of the office of the National Assembly, of a group of deputies, in accordance with the internal regulations of the National Assembly or president of the Republic ».

So, continuing their arguments, the advice of Barthélémy Dias indicates that “ the Office of the National Assembly does not have the power to remove him from the list of parliamentarians. This power belongs to the Constitutional Council alone. The decision of the office of the National Assembly may be annulled for violation of the aforementioned article LO 198. That it will please the Constitutional Council to annul the decision taken by the office of the National Assembly, at its session of December 6, 2024 ».