Affaire des 50 millions FCFA : Ismaila Madior Fall contre-attaque, Ousmane Diagne visé
The case is taking on an international dimension. Prosecuted before the High Court of Justice in a case of alleged attempted bribery involving 50 million CFA francs, the former Minister of Justice, Professor Ismaila Madior Fall, has launched a major legal counter-offensive. Through his lawyer, Ciré Clédor Ly, he has filed a petition with the ECOWAS Court of Justice, officially registered on May 11.
According to L'Observateur, which relays the information in its edition of Friday, May 15, the State of Senegal has been notified and has a period of 15 days to produce its defense brief.
Before the Community Court, the same source indicates, the defense has filed "three separate proceedings." The first is an "application initiating proceedings" on the merits, challenging the legality of the entire procedure initiated at the national level. The second is a "request for expedited proceedings," based on the fact that the internal "investigation" phase has already concluded. The third is an "application for interim relief, seeking the adoption of urgent provisional measures," including the suspension of proceedings in Senegal pending the ECOWAS decision, as well as the lifting of his house arrest with electronic monitoring.
On the merits, the defense challenges the actions of former Justice Minister Ousmane Diagne, arguing that the letter from Yassine Fall's predecessor, dated April 2025, referring the matter to the National Assembly for "impeachment," is "without legal basis," as the minister, according to them, does not have the "status of a prosecuting body before" this special jurisdiction, a role reserved for the Attorney General at the Supreme Court.
She also invokes a "violation of the principle of separation of powers", accusing the Ministry of Justice of having carried out "investigative acts and assessed the appropriateness of prosecutions", in contradiction with the Constitution and several international instruments.
Finally, the defense denounces serious violations of fundamental rights, including "the rights of the defense, the right to a fair trial, the presumption of innocence and the right to an effective remedy", considering the procedure to be tainted by irregularities.
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