This Monday, June 3, 2024, the flagrante delictos court delivered its verdict in the trial of activist Bah Diakhate and Imam Cheikh Tidiane Ndao. The two defendants were acquitted for offenses against a person exercising all or part of the prerogatives of the President of the Republic. However, they were found guilty of spreading false news.
The court sentenced Bah Diakhate and Imam Cheikh Tidiane Ndao to a prison sentence of three months, accompanied by a fine of 100,000 CFA francs each.
The initial accusations related to insulting remarks towards the Prime Minister. Bah Diakhate had published two videos accusing the Prime Minister of an alleged homosexual relationship, while Imam Cheikh Tidiane Ndao had broadcast an audio element containing remarks deemed offensive. The charges were based on articles 254 and 255 of the Senegalese Penal Code.
Article 254 deals with insulting the President of the Republic and provides for a prison sentence of six months to two years and a fine of 100,000 to 1,500,000 CFA francs for any person who offends those exercising the prerogatives of the President. . Article 255 concerns the dissemination of false news, punishable by imprisonment of one to three years and a fine of 100,000 to 1,500,000 CFA francs if it harms the population or public institutions.
During the hearing on May 27, Bah Diakhate expressed his support for President Macky Sall and the APR, while mentioning accusations against Ousmane Sonko, based on photos and documents. Imam Cheikh Tidiane Ndao had declared never to have met Macky Sall and denied any political involvement, affirming that his comments on Ousmane Sonko came from public declarations and reports available online. He also contested the conditions of his interrogation, claiming to have been forced to sign documents without his lawyers present.
The prosecutor had requested a sentence of six months in prison and a fine of 100,000 CFA francs for each of the defendants, as well as the removal of the incriminating comments from online platforms. Finally, the court handed down a prison sentence of three months and a fine of 100,000 CFA francs for the dissemination of false news.
