The opening of a judicial investigation by the Public Prosecutor’s Office, following the complaint by constitutional judge Cheikh Ndiaye, accused of corruption along with his colleague Cheikh Tidiane Coulibaly by members of the Liberty, Democracy and Change group, has put an end to the parliamentary commission of enquiry. The matter has been referred to the National Assembly by the Ministry of Justice.

The parliamentary committee of enquiry into the alleged corruption of the two judges of the Constitutional Council, Cheikh Tidiane Coulibaly and Cheikh Ndiaye, is dead. We have it on good authority that the public prosecutor has opened a judicial inquiry and referred the matter to the senior investigating judge. In turn, the Ministry of Justice has sent a letter to inform the National Assembly.

Cancellation of the Presidential Election of February 25: The Coup of Force

In accordance with the provisions of article 48 of the Rules of Procedure of the National Assembly, a parliamentary committee of enquiry shall cease its work as soon as a judicial inquiry has been opened into the matter it is called upon to investigate. « Committees of enquiry are set up to gather information on specific facts and submit their conclusions to the National Assembly. A committee of enquiry may not be set up when the facts have given rise to legal proceedings and for as long as these proceedings are ongoing. If a committee has already been set up, its mission ends as soon as a judicial inquiry has been opened into the facts that led to its creation », states Article 48 of the National Assembly’s Standing Orders.

Cancellation of the Law Postponing the Presidential Election: Yaw MPs Appeal to the 7 Wise Men

Following accusations made against him and his colleague Cheikh Tidiane Coulibaly by members of the Liberty, Democracy et Change parliamentary group, who questioned the invalidation of Karim Meïssa Wade’s candidacy by the 7 « Wise Men », the constitutional judge, Cheikh Ndiaye, filed a complaint with the public prosecutor. « The constitutional judge, Cheikh Ndiaye, lodged a complaint today 29 January 2024 with the Dakar public prosecutor’s office for contempt of court, defamation, discrediting a court decision, among other offences… against the unidentified authors of a political party’s unsigned statement alleging corruption and collusion with certain politicians, as well as against any person who directly or indirectly relayed these defamatory and false accusations against him », announced his lawyer, Mr Bamba Cissé.

Political Détente: Diouf and Wade’s Appeal

Subsequently, the National Assembly passed a resolution setting up a parliamentary committee of enquiry, whose remit was to inform the parliamentary institution about this accusation made against members of the Constitutional Council. Chaired by the chairman of the Benno bokk yaakaar (Bby) parliamentary group, the committee has 9 members, the majority of whom are Bby MPs. It had 6 months to complete its work and submit its conclusions. In fact, this issue was one of the main elements on which the Head of State, Macky Sall, based his decision to postpone the presidential election, by repealing the decree convening the electoral college and replacing it with another.

By Mamadou T. DIATTA / mdiatta@lequotidien.sn

  • Translation by Ndey T. SOSSEH