About the continuation of the famous “affair of

by MMC
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The deafening noise of someone who loudly claims to have infused knowledge can only be annoying in several respects, especially when he proudly attacks two excellent
teacher-researchers, courageous and sincere.

In The Art of Always Being Right, Per Fas et Nefas (By All Possible Means), Arthur Schopenhauer indicates that “the ultimate stratagem” when one runs out of arguments is
to “make derogatory, insulting and rude remarks”. He specifies that “ to be derogatory, this consists of leaving the object of the quarrel to move on to the adversary, and to attack him with a
one way or another “.

The childish posture which consists of belittling his two popular opponents through the press by glorifying himself in his academic ranks and titles incorporates this stratagem. We will rightly recall that the “tiger does not proclaim its turpitude” and that a great jurist must not behave as an accomplice of power, he must be in the service of virtue (L. Fontaine, Qu’est-ce qu’ a great jurist?).

In another context, this laughable posture would only have inspired deep contempt, especially since the argument brandished is based only on an imposture. The self-proclaimed Pope of public law on a continental scale is completely illiterate in criminal law since he ignores the terminology and methodology of this discipline. This is evidenced by approximations and errors on recidivism, interpretation in criminal law and the definitive nature or not of the conviction in absentia. In this regard, we will see that he backs down by finally admitting that the conviction in absentia of Mr. Ousmane SONKO is not final.
However, he persists in a process of manipulating national and international public opinion. Indeed, he declares urbi et orbi that he is in a state of contumacy despite his arrest and that on the basis of article 312 of the Code of Criminal Procedure, he is subject to all the disqualifications provided for by law.

Everything has been said about the provisions of articles 307, 316, 722 and 724 of the Code of Criminal Procedure. It is useless to return to it since, as the other said, “ towards certain people
reasoning always surrounds “. Everyone will make their own religion but honest people know what is just and unjust, logical and illogical.

Furthermore, what should he add about article 312 of the same code? One does not need to be a scholar of deontic logic or maieutics to see that this
provision concerns the consequences of contumatia. The prescribed publicity formalities simply make it possible to enforce the provisional conviction which is automatically voided.
right, upon the surrender or arrest of the contumax. Whatever the reason, no offense to those who want to reinvent the fundamental principles of criminal law.

Under these conditions, how can we justify the removal of Mr. Ousmane SONKO from the electoral lists? The chronology of the facts demonstrates the absurdity of this decision. If Mr. Ousmane SONKO was convicted on June 1, 2023, a decision to expunge could have been made after the publicity formalities and before his arrest on July 28, 2023. However, relying on the supposed “meaning” of the letter of administrative notification dated August 2, 2023, his withdrawal from the electoral lists would have taken place after the arrest and automatic annihilation of the absentee. The professional dilettantism of the perpetrators of this misdeed attests to a lightness in the exercise of turpitude.

This removal is ludicrous and the attempt to legitimize it by manipulating public opinion cannot succeed. The truth will ultimately triumph since the facts are constant and
objectively observable. There is no need for a thousand and one interpretations because interpreting is not synonymous with manipulating. Interpreting is also not an opportunity to create a law
new criminal law. Sprinkling on the notion of exegesis demonstrates conceptual limits. Under these conditions, the author of the work The World as Will and Representation was not wrong to say “ if human existence is short, the truth is in arms
long and life is hard: so let’s tell the truth “. Stop the deception.

By Maître Babacar NIANG, Associate in private law, Lawyer at the Paris Bar, member of the
pool of Ousmane SONKO lawyers

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