Affaire Azoura Fall : Me Clédor Ly attaque le procureur et soulève des nullités de la procédure
Placed under arrest warrant on May 29, 2026 for insulting the head of state, the activist of the Pastef-Les Patriotes party, Assane Guèye alias "Azoura Fall", 36 years old, appeared this Tuesday before the court of flagrant offenses of Dakar.
Assane Guèye, who presented himself as a farmer and car salesman residing in Patte d'Oie, was ultimately not brought to trial. His lawyer, Ciré Clédor Ly, raised an objection based on the inadmissibility of the prosecution, citing the provisions of Articles 618 and 619 of the Code of Criminal Procedure.
According to him, the public prosecutor is not authorized to prosecute his client for insulting the head of state: "This is an opportunity for the defense to correct certain anomalies."
Mr. Ly added: "The prosecutor cannot prosecute if the President of the Republic has not initiated public action."
The lawyer also raised irregularities in the investigation report, citing Article 63 of the Code of Criminal Procedure. "I assisted him from the police station. The prosecutor could not have been unaware of my existence. These abuses must stop. Azoura should not have been arrested," he insisted.
In the aftermath, Maitre Ciré Clédor Ly informed the court that he had filed a complaint with the indictment chamber against the commissioner of the Special Cybersecurity Division.
Finally, the defense filed a request for Assane Guèye's committal to a psychiatric hospital. "The doctors say he needs psychiatric follow-up," they stated, arguing that their client falls under the provisions of Article 50.
But for the public prosecutor, "they want to equate all offenses committed through public dissemination with press offenses. The provisions of Article 618 are, however, clearly listed." "Insulting the head of state is not a press offense," he clarifies, before citing Article 254: "The prosecutor is perfectly authorized to prosecute this type of offense."
Regarding the procedural irregularities raised, the public prosecutor invoked the provisions of Article 63: "The defense was aware that its client was in police custody as part of a flagrant offense procedure."
Regarding the provisions of Article 50, the public prosecutor explained that “Assane Guèye was diagnosed last February with several psychological conditions by his attending physician, Momar Camara. A committal order was issued by the public prosecutor's office, if only to protect him. However, fifteen days after his committal, his lawyers filed a request to lift this order, arguing that fifteen days of committal was sufficient. His condition improved. On March 25, his attending physician produced a detailed report indicating that Azoura Fall was doing better, that he could receive outpatient treatment, and resume his activities. It was on this basis that the public prosecutor's office lifted the order,” the prosecutor explained.
The defense countered by asserting that the prosecution had misunderstood the issue of initiating legal proceedings. Regarding Article 50, Mr. Clédor Ly argued: "When we say that a patient's condition has improved, it does not mean that they are cured. It clearly falls under the scope of Article 50."
The court adjourned the case for deliberation on the objections raised until June 9th.
The defense has filed a request for provisional release, citing a medical appointment scheduled for this Friday.
In its observations, the prosecution opposed the release of Assane Guèye, citing the persistent disturbance to public order and the lack of sufficient guarantees of appearance in court.
In delivering its verdict, the court rejected the application for provisional release, considering that there remained a disturbance to public order and a lack of serious guarantees of representation in court.
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