If the General Directorate of Elections (DGE) and the Caisse des Dépôts et Consignations (CDC) persist in their illegal refusal, he will have to submit the OS candidacy by presenting a sponsorship list on the basis of the official form model (without number, non-substantial) and the receipt issued by the CDC in the absence of the certificate. It will first be necessary to have the refusal of the administration noted by bailiff’s writ. Cf. Decision of the CC in 2007 in the Ndiaga SYLLA Case, Agent.
The time limit for appeal to the Court of Cassation will not be exhausted by the end of the submission of applications and article L.47 makes the decision of the judge of the TIHC of Dakar enforceable. I remind you that the AJE has 10 days from notification of the decision (2 days) to file an appeal and the opposing party (O. SONKO) has 8 days to file its defense.
It is at the end of this procedure that the Supreme Court should, in the event of an appeal, convene the hearing. Until then, the application submission period scheduled for December 26 will be closed. Although the motivations of the second judge will certainly integrate the findings made by the Supreme Court in its cassation…
It will be up to the Constitutional Council to assess whether the fundamental right to vote and freedom of candidacy are protected.
The jurisprudence arising from the Opinion of the Constitutional Council on the errors of the administration regarding the unavailability of voter cards on the eve of the 2017 legislative elections and which are not attributable to citizens just like that validating the list of Yewwi Askan Wi of Dakar during the last legislative elections of 2022 constituting relevant decisions.
Ndiaga SYLLA, Electoral expert
