Senegal: Conviction confirmed for Ousmane Sonko, opponent's eligibility questioned

The Supreme Court's deliberations fell late in the evening, shortly before midnight, after nearly 12 hours of hearing during which lawyers from both parties argued at length for their clients, who were not present.

Ousmane Sonko's lawyers - 13 in total - first pleaded for an exception of unconstitutionality, that is to say, they asked that the Supreme Court relinquish the case in favor of the Council constitutional.

They then requested a reversal of the judgment of the Court of Appeal of May 8, citing numerous procedural flaws. Like a subpoena that their client would not have received.

Arguments were taken up in part by the attorney general who was in favor of overturning the conviction but rejected by the judge who therefore maintained Ousmane Sonko's sentence of six months in prison with a suspended sentence and 200 million CFA francs damages. And who also rejected the exception of unconstitutionality.

The issue of this day was of course the eligibility of the opponent. One of his lawyers even spoke of “match point”. According to his lawyers and the electoral code, this final conviction makes Ousmane Sonko ineligible for five years. A priori he will therefore not be able to run in the presidential election of February 25 and should be rejected by the Constitutional Council.

The disappointment of the defense

Ousmane Sonko was sentenced on appeal to a six-month suspended prison sentence for defamation and public insult to Mame Mbaye Niang. The mayor of Ziguinchor had publicly accused the current Minister of Tourism of having been singled out in a report by the State General Inspectorate for alleged embezzlement. The leader of the African Patriots of Senegal for work, ethics, and fraternity (Pastef), aged 49, third in the 2019 presidential election, was sentenced in March 2023 at first instance to two months in prison, suspended, and 200 million CFA francs (around 300,000 euros) in damages. In another procedure, Ousmane Sonko was found guilty on June 1 of “corruption of youth” and was sentenced to two years in prison.

At the end of the hearing, it was a disappointment for Ousmane Sonko's lawyers, especially since before the court's deliberations, they had had hope upon hearing the requisitions of the attorney general. " I am very disappointed. Everyone followed the requisitions of the public prosecutor, and these requisitions tended to the total quashing of the entire judgment for serious breaches of the law”, enrages Me Ciré Clédor Ly.

As for Mame Mbaye Niang’s counsel, we say we are “very satisfied” that the judgment of the court of appeal remains almost unchanged. “You saw that a lot of legal questions were asked. The judges answered all questions raised. Finally, everything was confirmed, except for the physical coercion, which means that when the person does not pay, they are put in prison. Everything is confirmed, so we are happy,” reacts Me El Hadji Diou, Mame Mbaye Niang’s lawyer.

This small element does not call into question the six-month suspended prison sentence, which was the keystone for Ousmane Sonko's eligibility. And even if his defense recognizes that the sentence amounts to removal from the list for five years, it believes in a counterattack. “Article 34 of the Penal Code says that in cases of incapacity, in the event of a crime, it is the jurisdiction of the judgment which pronounces it or exempts it. »

Those close to him also want to remain combative and say they believe at all costs in a presidential candidacy for their leader, like El Malick Ndiaye, responsible for communications for the dissolved Pastef party: “It is a feeling of injustice, of persecution, of relentlessness on the leader of the opposition. They showed the whole world today that all they were looking for was a conviction to eliminate Ousmane Sonko, the favorite in the presidential race. But it's a wasted effort because Ousmane Sonko has already submitted his candidacy which does not suffer from any irregularity. There are always actions to be taken. Normally, the file must return to Ziguinchor, so the procedure is not yet finished. »

The Constitutional Council will publish the final list of candidates for the election on January 20.