Sonko à l’Assemblée : pourquoi le Conseil constitutionnel est «obligé» de trancher
While the high court has traditionally declared itself incompetent to rule on appeals concerning the internal functioning of Parliament, parliamentary expert Alioune Souaré, interviewed by Les Échos, believes that the request filed by opposition MPs against the reinstatement of Ousmane Sonko to the National Assembly could have a different fate than previous appeals.
According to him, if the plaintiffs do indeed base their appeal on Article 54 of the Constitution, as they have announced, "the Constitutional Council will be obligated to rule on the matter." He points out that this body, responsible for proclaiming the results of the legislative elections, is also the guarantor of the final list of elected members of parliament.
For Alioune Souaré, the incompatibility between the functions of a government member and the exercise of a parliamentary mandate, as stipulated in Article 54, could lead the Constitutional Council to find that Ousmane Sonko should have been automatically declared to have resigned, pursuant to Article LO.172 of the Electoral Code, for failing to respect the legal eight-day notice period. He therefore believes that "the invocation of Article 54 of the Constitution obliges the Constitutional Council to rule on the matter."
The former parliamentarian also rejects the argument based on Ousmane Sonko's request to suspend his mandate during the installation of the 15th legislature. In his view, this request is "null and void," since it was based on the previous internal regulations, which did not stipulate the procedures for implementing such a suspension. According to him, the provisions introduced subsequently cannot have retroactive effect.
Finally, the newspaper's source emphasizes that if the Constitutional Council were to decide to withdraw Ousmane Sonko's mandate, "it will be up to the President of the Republic" to refer the matter to the National Assembly in order to have this automatic resignation recorded, in accordance with the provisions of the Electoral Code.
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