Ousmane Sonko must present himself, 24 hours before his trial, to the office of the Court clerk, to ensure his presence during the trial which is to open tomorrow. If he does not, the judge can order to go get him. Currently in Ziguinchor where his militants ensure his security, will the leader of the « Patriots » cooperate or create trouble? We will know the answer in a few hours!

It is a date that both the defence and the accused have marked in their diaries. Ousmane Sonko, accused by Adji Sarr of rape and death threats, is summoned before the Criminal Chamber of the Court of Dakar. If for the moment, it is not certain that the case will be retained today, it is certain that the leader of the « Patriots » is obliged to go to the clerk’s office 24 hours before the trial. An obligation marked black on white in the Code of Criminal Procedure (Cpp). Which says, in its Article 238, that: « The defendant, who has been released or who has never been detained, presents himself, at the latest the day before the hearing, to the registry, to ensure his legal representation.”

Only, on the eve of his second instance trial for defamation against Mame Mbaye Niang, the mayor of Ziguinchor made a statement, leaving little chance for the Court to see his shadow. Indeed, Sonko, who claims to have been the victim for 4 years of a cabal which aims to block his path for the Presidential election of 2024, has opted for civil disobedience to « unjust Justice ». Which means that he will not collaborate with Justice. Something he did during the trial on May 8. During his second instance trial against Mame Mbaye Niang, Sonko was conspicuously absent. This deprived his lawyers the opportunity to pleading as the law says.

But for the trial of rape and death threats, this scenario is to be excluded. The non-presence of Ousmane Sonko could have slightly more serious consequences. Indeed, the judge will serve him an order of seizure. Thus, Sonko has the obligation to present himself.  This is what Article 239 of the Code of Criminal Procedure provides. « The arrest order is executed, if duly summoned by administrative means to the registry of the Criminal Chamber and without legitimate reason for excuse, the accused does not appear on the day set to be questioned by the President of the Criminal Chamber.

The arrest order is also executed on the reasoned decision of the President of the Criminal Division when he considers that the detention of the accused is necessary. This decision is without appeal”, stipulates article 239.

“If the accused cannot be seized or does not appear, proceedings against him continue in absentia.” This is what article 240 of the Code of Criminal Procedure says.

Need we remind you, the supporters of the mayor of Ziguinchor are already preparing for a confrontation with the police. They have been doing « patriot vigils » for 3 days in front of his home. All the departmental committees of the Pastef party are on alert. Will Ousmane Sonko make the trip to the Dakar courthouse to show his willingness to appear at trial? Or will he continue to disobey, knowing the consequences of such an act? The answer will be known in a few hours!

By Malick GAYE / mgaye@lequotidien.sn

  • Translation by Ndey T. SOSSEH