“A commission of inquiry cannot be created when the facts have given rise to legal proceedings and as long as these proceedings are in progress. If a commission has already been created, its mission ends upon the opening of a judicial investigation relating to the facts which motivated its creation. This is in substance what article 48 of the Internal Regulations of the National Assembly stipulates. With the complaint of Judge Cheikh Ndiaye, the Parliamentary Commission of Inquiry, which must be created today, will become obsolete.

The MPs were summoned today for a plenary session. They must set up the Parliamentary Commission of Inquiry. The objective is to shed light on “the elimination, in fundamentally murky conditions, of candidates for the presidential election of February 25, 2024, in particular that of Karim Wade, candidate of the “K24” Coalition”. The Senegalese Democratic Party (Pds) targeted 2 of the 7 “Wise Men” who make up the Constitutional Council. Judges Cheikh Tidiane Coulibaly and Cheikh Ndiaye are suspected by MPs of the Liberty, Democracy and Change Parliamentary Group of “conflicts of interest”, “corruption” and “collusion”. Accusations that the Parliamentary Commission of Inquiry must clarify.

Only, this parliamentary commission of inquiry is not likely to hear these two judges.

Attacks against the Constitutional Council: The APR Backpedals

Indeed, the Internal Regulations of the National Assembly, in article 48, are clear: “Commissions of inquiry are formed to collect information on specific facts and submit their conclusions to the National Assembly. A commission of inquiry cannot be created when the facts have given rise to legal proceedings and as long as these proceedings are ongoing. If a commission has already been created, its mission ends upon the opening of a judicial investigation relating to the facts which motivated its creation.  Commissions of inquiry are of a temporary nature. Their mission ends with the submission of their report and at the latest at the expiration of a period of six months, from the date of adoption of the resolution which created them. They cannot be reconstituted with the same object before the expiration of a period of twelve months, from the end of the mission.

It should be remembered that the constitutional judge Cheikh Ndiaye mandated the lawyer Me Bamba Cissé to file a complaint for “contempt of court, defamation, discredit of a court decision”, among other offenses, against the unidentified authors of the unsigned statement from a political party evoking acts of corruption and collusion with certain politicians, as well as against any person who directly or indirectly relayed these defamatory and false accusations against them.

Suspicion of corruption: Judge Cheikh Ndiaye files a complaint

This complaint filed with the Dakar Prosecutor’s Office will result in the suspension of the Parliamentary Commission of Inquiry, as stipulated in article 48 of the Internal Regulations of the National Assembly.

If the objective of this latest approach was to postpone the holding of the presidential election, it must be recognized that the initiative of the MPs of the Liberty, Democracy and Change Parliamentary Group is off to a bad start. Indeed, Judge Cheikh Ndiaye’s complaint suspends, de facto, the Parliamentary Commission of Inquiry. In addition, the 7 “Wise Men” have ruled out the possibility of resignation and intend to continue their mission to the end.

The parliamentary majority, which was favorable to the action of the Pds, is backpedaling. In a press release made public this Monday, the National Executive Secretariat (Sen) of the Apr reaffirmed its attachment to the principle of the separation of powers. While the same body encouraged the majority parliamentarians last week, then rejoicing in a “republican fervor”, “the Sen asks the MPs,e members of the Bby parliamentary group to remain attentive to the initiative of the Pds for the establishment of a Parliamentary Commission of Inquiry in order to be edified on the non-validation of the candidacy of their leader,” argued the Apr in its press release a few days ago.

By Malick GAYE / mgaye@lequotidien.sn

  • Translation by Ndey T. SOSSEH