Thus, the Assembly, based on its prerogatives, decided, by Resolution dated January 31, 2024, to set up a Parliamentary Commission of Inquiry to shed light on the process of verifying candidacies and on any other facts relating to the election.
In its press release of January 29, 2024 signed by all its members, the Constitutional Council refuted the allegations made against it, while taking into account the seriousness of the accusations, and ensuring that all light is shed in accordance with the constitutional procedures and legal rules governing relations between institutions, in particular the separation of powers and the status of its members.
Added to this sufficiently serious and confusing situation was the controversy over a candidate whose dual nationality was discovered after the publication of the final list of candidates by the Constitutional Council; which constitutes a violation of article 28 of the Constitution which provides that “any candidate for the Presidency of the Republic must be exclusively of Senegalese nationality”.
These murky conditions could seriously harm the credibility of the election by creating the seeds of pre- and post-electoral litigation.
While it still bears the scars of the violent demonstrations of March 2021 and June 2023, our country cannot afford a new crisis.
I add that in my capacity as President of the Republic, guarantor of the regular functioning of the Institutions, and respectful of the separation of powers, I cannot intervene in the conflict between the legislative power and the judicial power.
Faced with this situation, the National Assembly, acting by virtue of its prerogatives, referred to me, for opinion, in accordance with its internal regulations, a proposed constitutional law under emergency procedure derogating from the provisions of article 31 of the Constitution.
I took note of this referral after consulting the President of the National Assembly, the Prime Minister, the President of the High Council of Local Authorities, the President of the Economic, Social and Environmental Council and the President of the Constitutional Council.
Consequently, taking into account the current deliberations in the National Assembly meeting under emergency procedure, and without prejudging the vote of the deputies, I signed decree no. 2024-106 of February 3, 2024 repealing decree no. 2023 -2283 of November 29, 2023 convening the electoral body.
For my part, my solemn commitment not to run in the presidential election remains unchanged.
Finally, I will initiate an open national dialogue, in order to create the conditions for a free, transparent and inclusive election in a peaceful and reconciled Senegal. Long live Senegal! Long live the Republic!
