Lightness and inconsistency in the procedure initiated by Barthélémy Dias' lawyers before the Constitutional Council (By Abdourahmane Maïga)

By request dated December 16, 2024, Barthélémy Dias' lawyers petitioned the Constitutional Council for the annulment of decree no. 00079/ANS/SG/AD/GEN of December 6 taken by the office of the Assembly National to remove the latter from parliament.

Mr Abdourahmane MAÏGA, lawyer, considers that the advice of Mr Barthélémy Dias showed lightness in the procedure that they initiated before this court.
In fact, the 7 wise men declared themselves incompetent, reminding the applicants of the limits of their competence through the following decisions:

-n°3/c/2005 of January 18, 2005
-n°1/c/ 2012 of August 14, 2012
-n°9/c/2017 of December 8, 2017.
That through all these decisions, the constitutional council reminds Barthélémy Dias's lawyers that it is not competent to examine the legality of an administrative act, of a deliberation of the National Assembly, this one 'not being a legislative measure within the meaning of article 92 of the constitution.

Under these conditions, it was up to Barthélémy Dias's lawyers to take the necessary steps with the constitutional council to ensure its competence or incompetence to be able to rule on the appeal that they submitted for its approval.
From now on, and to compensate for this negligence on their part, all that remains for them, in my humble opinion, is to refer the case to the Supreme Court, assuming that the time limits for appeal to this jurisdiction have not been exhausted.

Abdourahmane MAÏGA,
Legal consultant, specialized in Business Law.