The presidential election cannot be held on 25 February, as initially planned. The Constitutional Council has invited the relevant authorities to choose a new election date. This decision will be made by President Macky Sall as a last resort, after consulting the technical services of the Ministry of the Interior, which is responsible for the practical organisation of the election.

Decree no. 2024-106 of 3 February 2024 repealing the decree convening the electorate for the presidential election of 25 February 2024 is annulled. The law derogating from the provisions of article 31 of the Constitution, adopted under no. 4/2024 by the National Assembly at its sitting of 5 February 2024, is contrary to the Constitution. The Constitutional Council, which had been eagerly awaited to rule on the postponement of the election, has ruled in favour of the opposition, which referred the matter to it. And if the decision signed by 6 of the 7 « Wise Men » is anything to go by – Judge Cheikh Ndiaye did not sign the decision – the date of the presidential election will have to be proposed by the competent authorities, because the election cannot be held on 25 February as planned.

Macky has everyone’s attention

The services of the Ministry of the Interior should be able to propose a date before the President of the Republic reconvenes the electoral college to take part in an election to be held before the end of the term of office of the Head of State, Macky Sall. So, everyone has an ear to the ground for President Macky Sall.

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While we wait for an answer, will we respect the intangibility of the mandate? Is it technically possible to organise a two-round election before 2 April? Needless to say, this date marks the end of the current President’s term of office. Article 31 of the Constitution stipulates that « the ballot for the election of the President of the Republic shall be held not more than forty-five clear days and not less than thirty clear days before the date of expiry of the term of office of the President of the Republic in office ».

Before that can happen, the political players will have to agree on the « competent authority » who will decide the date of the election. Will the date chosen be respected by the political players? This decision by the Constitutional Council seems to impose a dialogue on all the political players. Indeed, everyone will have to defend their positions if they do not wish to be dictated to.

With this in mind, the Constitutional Council’s decision does not appear to be all that unfavourable to President Macky Sall. Yesterday, he demonstrated his desire to pacify the tense climate in which Senegal is immersed, by releasing some « political detainees ». « Either you choose, or others will choose for you ». Guided by this logic, all those resistant to dialogue will reconsider their position. The choice is no longer as wide as it was before the Constitutional Council’s decision.

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It should be remembered that Pierre Goudiaby Atepa spoke out on Rfi. Facilitator of the consultations between the « Patriots » and the majority, the businessman had proposed the month of May for the holding of the presidential election. Even if this is only a proposal, it must be acknowledged that this date seems reasonable in view of the decision of the Constitutional Council.

However, it should also be noted that holding the presidential election on this date violates the Constitution, as it will take place one month after the expiry of Macky Sall’s term of office. Will a new dispensation be granted? The next few days will be very enlightening.

By Malick GAYE / mgaye@lequotidien.sn

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