Despite favorable opinions from the investigating judge and the appeals court regarding his provisional release in the 125 billion CFA franc case, Farba Ngom remains in prison. The reason? The financial prosecutor general has vetoed the release by filing an appeal. Pending the outcome of this appeal, the mayor of Agnam has one last option to regain his freedom. The APR official can persuade the National Assembly to request a suspension of the proceedings against him.

“The principle is established by Article 61 of the Constitution, in its fourth paragraph,” Les Échos reports, quoting parliamentary expert Alioune Souaré, author of the proposal. The article in question stipulates: “The prosecution of a member of the National Assembly or their detention as a result of such prosecution is suspended if the Assembly so requests.”

Souaré points out that the request to suspend proceedings "must be treated to the same degree as a request to lift parliamentary immunity with the establishment of an eleven-member commission that will hear the MP concerned, etc."

The expert believes in the chances of the mayor of Agnam: "with the judge's order for provisional release, and its confirmation by the indictment chamber, they have enough arguments to convince the majority and allow Farba Ngom to enjoy his provisional release."

However, Alioune Souaré warns of a procedural flaw should Farba Ngom follow the path he proposes to obtain provisional release. The parliamentary expert recalls that the current Minister of Education, Moustapha Guirassy, then a member of parliament, attempted the same tactic to save Ousmane Sonko, who was caught up in the Adji Sarr affair.

Unfortunately, the expert points out, Guirassy made the mistake of submitting a "resolution to suspend proceedings" instead of a "request to halt proceedings." Another error: the current Minister of Education filed his request before Sonko was even charged.