The lawyers for the civil party have decided to withdraw their case in the Azoura Fall case. While relying on the defendant’s dementia, the lawyers, while presenting their arguments in a press release, are not convinced by the diagnosis made by doctor Souleymane Loucar, who is said to be a member of the Pastef party. 

In the case of Assane Guèye, alias Azoura Fall, the civil party has decided to withdraw its case. As a reminder, the Dakar Court of Flagrant Offences adjourned the hearing to May 21, 2025, and granted the defendant provisional release on May 15, 2025, at the request of his lawyers pleading insanity. It was this decision that motivated the civil party’s attitude. In a letter addressed to the President of the Court, the plaintiffs’ lawyers, El Hadj Diouf, Amadou Sall, Antoine Mbengue, and Aboubacry Deh, among others, announced their clients’ withdrawal from the proceedings, citing a loss of confidence in their conduct. In their document, they emphasize that the provisional release was motivated by dementia based on a medical report dated May 12, 2025, prepared by doctor Souleymane Loucar, director of Pikine hospital since March 2025 and who is said to be a Pastef militant. The lawyers also deplored the absence of a counter-examination or contradictory expert opinion ordered by the Court.

In the same vein, they note that « despite the refusal of the Public Prosecutor’s Office, Assane Guèye was released without appeal from the Public Prosecutor’s Office, which proves by this voluntary omission that his opposition was nothing more than smoke and mirrors. » According to them, with this decision, the Court has already settled the dispute by considering Assane Guèye’s dementia without any contradictory expert opinion. The lawyers for the civil party add to this the fact that the Court noted the defendant’s insanity « beyond the argument related to his dementia, no guarantee of representation was pleaded for a defendant who had fled since his summons (…). »

Arguing that Assane Gueye’s insanity was established without a substantive debate, the civil party believes it is no longer necessary to pursue its claim against a « madman. » And, cited Article 50 of the Criminal Code, which states: « There is neither a crime nor an offense when the defendant was in a state of insanity at the time of the action or when he was coerced by a force he could not resist. »

It should be noted that Azoura Fall, a Pastef militant and close associate of the Prime Minister, is accused of making remarks contrary to public decency by attacking former President Macky Sall.
By Dieynaba Kane / dkane@lequotidien.sn

  • Translation by Ndey T. SOSSEH