The mayor of Dakar, Barthélemy Dias, was named head of the national list of the “Sam sa Kaddu” coalition (Taxavu Senegal, the PRP, the Servants, the Arc, Geum sa Bop, the Pur and Agir). However, his eligibility is under debate. Ceneweb tried to find out a little more.
“If the provisions of Article L.29 of the Electoral Code apply to Barthélemy Dias, he should not be included on the electoral list. It is very possible that the Constitutional Council will reject his candidacy for the early legislative elections,” declared TFM legal columnist Dauda Mine. During his intervention this Monday morning, he raised the question of the possible removal of the Dakar city councilor from the electoral list, before concluding that it was up to the Constitutional Council to decide.
On the day his sentence becomes final in the case of Ndiaga Diouf, who was killed during the attack on the town hall of Marmoz Sacré-Cour in 2011, the Justice Minister of the time could request his removal from the list of deputies. A decision which should have been taken in accordance with the Constitution and the internal rules of the National Assembly.
He also specifies that, with respect to his mandate as deputy, it would have been sufficient for the Minister to request the removal of Barthélemy Dias so that, in effect, his mandate would be lost.
In any case, Barthélemy Dias himself, during a plenary session, challenged the then Minister of Justice Mi Aissata Tal Sall: “Madam Minister, I want to express myself as the Mayor of Dakar, and tell you That you are aware of my situation, since you were my lawyer, you know that I have been excluded from the voter list for five years. »
‘The decision that could save Barth’
On social networks, some Internet users compare the situation of Barthélemy Dias with that of Ousmane Sonko, who also heads Pestef’s list. However, it should be remembered that the candidacy of the current Prime Minister for the last presidential election was rejected by the Constitutional Council, because he was definitely convicted in the Mame Mbe Niang case (a case ultimately covered by the amnesty law). , even if he had not been removed from the electoral roll. From this decision it appears that a final conviction can disqualify a person even in the absence of expulsion.
According to some, especially within Pestef, if Barthélemy Dias’s candidacy is opposed, it could become a reason for rejection, unless the Constitutional Council changes its jurisprudence (as in the Sonko case).
However, it is necessary to underline an important fact that could “save” Barthélemy Dias. In its latest decision of 10 July, the Constitutional Council clearly indicated that given the short time frame, the electoral register applicable to these legislative elections will be applied. It is important to remember that, while not removed from the lists, Barthélemy Dias voted during the vote on 24 March, meaning he may still be a voter and potentially eligible, provided that the Council The decisions should be applicable to him. ,
seneweb