He considers that this would constitute “a first and a dangerous precedent” which requires the attention of the “New Guardian of the Constitution”.
In this note, Ismaila Madior Fall, also Professor of Law and former Minister of Justice, reacted to information according to which the decrees appointing the first President of the Supreme Court and the members of the Judicial Financial Pool (PJF) were allegedly repealed during the last CSM. He expressed his wish that the repeal measure, which he would prefer to describe as “withdrawal”, be reviewed for several reasons.
First, he argues that the repealed decrees complied with the law, having been taken in a face-to-face CSM, whereas a simple home consultation would have sufficed. Moreover, these decrees fell within the framework of the mandate of President Macky Sall, before April 2, 2024, without contravention of any constitutional provision and aimed at ensuring the continuity of the public service of justice.
Furthermore, according to the organic law relating to the status of magistrates, it is not possible to terminate the functions of the First President of the Supreme Court and the Prosecutor General of the said Court without their consent.
Ismaila Madior Fall recognises that the President of the Republic can, if he wishes, modify the appointment of members of the PJF and the assignments by a new CSM or by consultation at home. However, he underlines the legal impossibility of dismissing the first President of the Supreme Court, citing the risks of a dangerous precedent.
He therefore recommends the withdrawal of the annulment decrees to avoid litigation over the excess of power, in particular against a decree of a recently elected President, which could poorly inaugurate his mandate with regard to the supreme judiciary.
