Monday , January 18 2021

Appointment of Khalifa Sall: Decision of the Constitutional Council based on Void

Listening to the Nr.2 / E / 2019 decision on the 24th of February 2016 election candidates is a stunning review of the Khalifa SALL candidate's approval for the Constitutional Council. To understand the legal weakness of the argument of the Constitutional Council and to understand the lack of motivation for the Khalifa SALL nomination, the page 11 of the document should be mentioned. Among the 7 acknowledgments (recruiter from number 61 to 67 and, as a result, this request is not acceptable), the following two main aspects should be taken into account: claim 63 and claim 65.

  • 63. and 65. Legal analysis of reflections. 2. / E / 2019. By decision

A-Recital 63 : " In addition to preventing the execution of the Supreme Court ruling, the nature of a criminal lawsuit shall be the result of the promotion before the execution time of the appeals appeal and in which case the appeal against the ruling of the Supreme Court is a judicial ruling and a resolution of the case if so. " All legal investigators and observers have indicated that the Council did not mention this article, which is not included in this article 63 of this reference, that is, decisive to evaluate the nomination of Khalifa SALL. When appeals are referred to criminal penalties, the article 2017 of January 2017, of January 2017, is to be clear and explicitly mentioned in the article. In this case, the appeal is an article 36 of the Organic Law that defines the suspect. Matter number 4 has criminal subjects. It's clean, clean and accurate. This is a lack of rigor and an unwillingness to the law, such as the Supreme Court, such as the Constitutional Council, which is unbearable. No one deceived: in article 36, the Constitutional Council recalls the closure (article 52), and inevitably accepts the nomination of Khalifa SALL. As a result, Note 63 is not a reason, since a text is not protected (motivation is not enough, in any case).

B-Recital 65 : " The ruling of the Supreme Court declares that the Supreme Court's ruling is retained, until the decision of the Supreme Court is withdrawn. ". First of all, the Constitution is confusing in the Council for the 63 years, in the case of an appeal, regarding the promotion of nature. Within the term Until the Supreme Court's decision if rejectionand 65, that the judgment of the ruling court retains this nature until the decision of the Supreme Court is recovered. The matter is not the resolution of the Supreme Court, but the Council is compelled to refrain from suspending the detention of the detainee attempted by mercy. The decision of the Supreme Court to make the decision of the Supreme Court of the Constitutional Council was illegal, through the regime that ultimately lost the legal battle over the arrest. President of the Chamber of the Supreme Chamber of the Chamber (Abdourahmane DIOUF). This is very serious, because Senegal's laws are formal: all citizens believe it is innocent, unless all the remedies have been exhausted (Supreme Court, appeal and, if necessary, suspended). Secondly, the Constitutional Council does not declare any text and does not justify its argument in order to justify its argument 65. Third. Indeed, the Constitutional Council has shown intellectual inadequacy through "retirement". In law, retirement is a review of a decision decided by a judge. There are three hypotheses for a judge to dismiss the verdict: "(1) If the resolution has administrative errors, (2) the resolution was default, and the reverse parties are objects or (3) the appeal of the appeal. For Khalifa SALL, the subject of the arrest on January 03, 2019 The decision of the Supreme Court is canceled as a result of a procedural error (even if the criminal composition was heard in the 20's) December 2018). "Resolution of a lawsuit concerning the irregularity of the composition of the courts, invalidating the final decision on the merits, despite the fact that the substance is not criticized" Supreme Court Bulletin N ° 9 and 10 ", page 43. 437.). toOn page 11, the Constitutional Council began using the term "stop flap" using the dossiers (instead of the portrait). In appeals 63 and 65, when the cancellation of the request of Khalifa SALL is emphasized, no legal provision has been established. The proposed arguments are based on bold legal interpretations that relate only to the Constitution of the Council and are not based on legal provisions.

Motivation is not only in 63 and 65 appeals. In the same page on page 11 (Recital number 62), the Constitutional Council adopted a decision of 454 of the National Court of Dakar. The main purpose of the appeals appeal is to resolve the decision of a court of appeal, which is not enough.

  • Khalifa SALL's request is based on no text

The Constitutional Council reasoned its decision, because of the undeniable candidacy of Khalifa SALL, it is false. The careful reading of page 11 of the Constitutional Council decision (more specifically, pages 63 and 65) is similar to article 65, by the term "portrait" or by the word chosen to reflect. references (no number 63 …)An appeal to the legal framework prior to the expiration of the deadline limit, and until the resolution of the judicial resolution, in the case of a judicial ruling, and beyond, if there is no ruling of the case … ". The non-unwanted application supports text and non-compliant formulas and general. Recognitions 63 and 65 have no legal grounds. Because Khalifa SALL's candidacy was unacceptable, the Constitutional Council passed its powers, violated the law and violated the 36th and 52th articles of the Organic Law of the Supreme Court. Moreover, the members of the Constitutional Council lacked courage, swore their duty and failed.

The Constitutional Council does not have a trusted body in today's configuration. Incorrect and incorrect instruction whose decisions are in conflict with the law. "In what is what justice is in democracy in Africa". ", The President of the Constitutional Council, wrote by Pope Oumar SAKHO "In Africa, the law acts as an excuse for political leaders to build their own power of terrorism and barbarism to meet social interests." Today, man has become the record player of Senegal, armed with Macky Sall's arm and opponents.

In the period of turbulence during the seventh century, the abolition of the Constitutional Council, a disorder factor, would be quite justified.

Seybani SOUGOU – E-mail: [email protected]

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