The judges of the Court of Appeal rendered the deliberations on the same day of the trial on appeal of Ousmane Sonko in the case opposing him to the Minister of Tourism, Mame Mbaye Niang, as was the case during the judgment in first instance. A decision which condemns the mayor of Ziguinchor to 6 months of suspended imprisonment thus making him ineligible for the next presidential election.

The mayor of Ziguinchor received a 6-month suspended prison sentence for defamation and public insult. He will also have to pay damages amounting to FCfa 200 million. In addition, the Court of Appeal of Dakar set the bodily (physical) constraint at the maximum. Beyond the imprisonment, which hangs like a Damocles Sword over Ousmane Sonko’s head, the sentence has serious political consequences. This is what was at stake in this appeal trial. By operation of law, Ousmane Sonko is automatically deprived of his eligibility for the next Presidential election, under the provisions of the Electoral Code (L29 and L30). A decision that comes after a tense Appeal trial. Ousmane Sonko had announced the night before, he would not appear at his trial. Unsurprisingly, this promise was kept.

In a crowded courtroom, dotted with about fifteen hyper-vigilant gendarmes, there was no trace of the main political opponent to the Head of State, Macky Sall. His lawyers were present, but remained silent. If the strategy of absence can pay off politically, it clearly does harm judicially. According to the procedure, in fact, if the person concerned does not appear in person, his lawyers are deprived of the right to plead and therefore to ensure his defense.

6 Months Suspended Sentence and 200 million in Damages for the Leader of Pastef

Neither his absence nor his remarks made during his recent televised address escaped the many lawyers of the Minister of Tourism who were able to speak at length. “In the conference he organized, he hinted that he was going to restart over and that he would not respect the justice of his country. He came to threaten you. It is an outrage, an intimidation, a contempt”,  we heard from the mouth of Lawyer Olivier Sur, French lawyer for the civil party, addressing the magistrates. Lawyer El Hadji Diouf, also representing the interests of the Minister, continued in these terms: “This is the trial of arrogance, lies, indignity and the desacralization of the judicial institution.”

With these words, the President of the Court stopped the lawyer. The magistrates, like the Solicitor General wanted to focus on the technical elements and avoid mentioning the highly political dimension of this Appeal trial.

On March 30, the leader of the Pastef party was sentenced at first instance to a two-month suspended prison sentence and a payment of 200 million CFA francs in damages to Mame Mbaye Niang. Only the facts of defamation had been retained. The offenses of forgery and public insult were deemed insufficiently characterized. Justice criticizes Ousmane Sonko for having declared that the Minister of Tourism had been “pinned” by a report from the General State Inspectorate (Ige) regarding his management of a public fund of 29 billion CFA francs. To prove his good faith and the veracity of his remarks, Ousmane Sonko had produced, on a USB key, the report to which he was referring. But the General Inspectorate of Public Finances (IGF), questioned as part of the investigation, denied being the author of this document. Hence the charges of forgery and the use of forgery, which hangs over the political opponent.

In unison, the minister’s lawyers, dissatisfied with the first judgment, demanded the large sum of 29 billion CFA francs in damages.

Their pleadings finished, it was the turn of the Solicitir, Ibrahima Bakhoum, also Attorney General at the Dakar Court of Appeal. The lawyer remained very technical and pointed out one by one, what he considered to be inconsistencies in the judgment of first instance. “Reducing this lawsuit to a defamation case is wrong. The debate is elsewhere. If there were no forgery or use of forgery, there would be no defamation”, he added,  and stated that we must trust the statements of the General Inspectorate of Public Finances.

On the penalty, the Solicitor General considers that the judges of first instance made an error of law, insofar as the penalty provided for defamation cannot fall below 3 months of imprisonment.

Ibrahima Bakhoum closed by requesting the heavy sentence of 2 years sentence with at least one in imprisonment, and added an arrest warrant for all counts. When the Solicitor General sat down, no one expected the President of the Correctional Chamber of the Court of Appeal to announce. “The deliberation will be rendered after the suspension of the hearing”. General surprise, which only confirms the speedy effort, unusual, to say the least, of Justice in this case. In the first instance, the verdict was also given on the same day. After a few hours of waiting, the verdict falls. Ousmane Sonko was found guilty of defamation and public insult, but the charges of forgery and use of forgery were not retained. However, the president of the Pastef party still has a card to play against this decision: that of an appeal.

 

By Floriane CHAMBERT (Intern)

  • Translation by Ndey T. SOSSEH / Serigne S. DIAGNE