The Supreme Court has rejected the interim suspension of the Senegalese Rural Electrification Agency (Aser) aimed at paralyzing the effects of the decision of the Public Procurement Regulatory Authority (Arcop). This decision, made public in October 2024, suspends the execution of the electrification project of 1,640 villages in the regions of Kaffrine, Kédougou, Tambacounda, Saint-Louis and Louga.

The suspension of the electrification project of 1,640 villages in the regions of Kaffrine, Kédougou, Tambacounda, Saint-Louis and Louga, which was ordered in October 2024 by the Dispute Resolution Committee (CRD) of the Public Procurement Regulatory Authority (Arcop), continues. The Supreme Court yesterday rejected the interim suspension application of the Senegalese Rural Electrification Agency (Aser). 

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This request follows the appeal for annulment against the decision of the Arcop CRD that Aser had filed, via the State Judicial Agent, with the Supreme Court. Because the appeal alone does not paralyze the suspensive effects of the regulator’s decision.

But according to a specialist contacted by Le Quotidien, the interim suspension can only succeed in two cumulative cases: first, there would have to be a clearly defined emergency; and second, the grounds of the appeal as they stand would have to raise serious doubts as to their legality, that is to say, the grounds of the appeal would have to be well-founded and suggest that annulment is likely. The court considered that these two conditions were not met. This means that more or less, the court has taken a step in examining the appeal on the merits, but has not yet decided on it.

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So, the decision of the Arcop Crd continues to produce its effects. The electrification project of these villages in these different regions remains suspended until the time when the Aser appeal is decided. 

As a reminder, the dispute opposed the company Aeepower Senegal to Aeepower Epc, a Spanish company. But strangely, it was Aser who took up the fight and instructed the State Judicial Agent to file an appeal for annulment against the decision of the Arcop Crd with the Supreme Court.

By Dialigué FAYE / dialigue@lequotidien.sn

  • Translation by Ndey T. SOSSEH