On the basis of their application, the plaintiffs from the Senegalese Democratic Party (PDS) explained that they had lodged an action for misuse of power against several decrees, including the one setting the date of the next presidential election, the convening of the electorate and the campaign period for the ballot on 24 March 2024.
A summary hearing will be held on Friday 15 March 2024 at the Supreme Court, following a motion for an abridgement of the time limit dated 11 March 2024 filed by Lamine Thiam, Karim Meissa Wade, Saliou Dieng,
Magatte Sy and Mayoro Faye.
These claimants are seeking authorisation to serve an application for interim injunction registered in the Registry on 11 March 2024, and to choose a date for an urgent hearing, according to a press release issued by the High Court on Wednesday.
In support of their application, the claimants explained that they had brought an action for misuse of power against several decrees, including the one setting the date of the next presidential election, the convening of the electorate and the election campaign period for the presidential election of 24 March 2024, the document said.
A note received by APA reports that they also filed a summary suspension on 11 March 2024, arguing the need to rule quickly to preserve their fundamental and electoral rights, as well as to put an end to serious violations of the provisions of the Electoral Code.
In a context where the electoral campaign began on 9 March 2024, the applicants stressed the urgency of dealing with their application, given that the ballot was due to be held in thirteen days’ time. The request was made all the more urgent by the publication of a special issue of the Official Gazette on 7 March 2024.
In accordance with the provisions of article 83 of Organic Law no. 2022-16 of 23 May 2022, which authorises the First President or the judge designated by him to authorise the service of a writ and to set the date on which the case will be heard in cases requiring expedition, “the applicants have obtained authorisation to serve a
writ for the summary hearing scheduled for Friday 15 March 2024 at 09:30,” the press release states.
The Senegalese Democratic Party and its allies in the Democratic Front for an Inclusive Election (FDPEI) lodged their appeal on Monday 11 March. Their ultimate aim is to restart the electoral process so that Karim Wade and the other candidates who were not selected by the Constitutional Council can take part.
However, according to a specialist interviewed by some of the media, their chances of winning the case are nil. “The Supreme Court has always ruled that decrees convening the electoral college and setting the election date are acts of government that cannot be appealed on the grounds of ultra vires,” he said on condition of anonymity.
ARD/te/fss/abj/APA