This week, the Africa Judges and Jurists Forum (AJJF) is sending a delegation of three eminent judges and jurists to Senegal, to express solidarity with the members of the judiciary of Senegal for the resilience and courage that they demonstrated earlier this year when they enforced the Constitution, under extremely difficult circumstances, to ensure that elections are held within the constitutionally stipulated deadline. The delegation is led by Retired Chief Justice David Maraga, of the Republic of Kenya. He will be deputized by Justice Professor Danielle Darlan-retired President of the Constitutional Court of the Central African Republic and a veteran legal academic. The third member of the delegation is Justice Marcelline Claire Gbeha Afouda, former Vice President of the Constitutional Court of Benin. The delegation will be supported by a team of experts. These are Dr. Justice Alfred Mavedzenge, Programs Director at Africa Judges and Jurists Forum and an Adjunct Senior Lecture of Public Law at the University of Cape Town; and Dr Sègnonna Horace Adjolohoun, a veteran human rights lawyer, constitutional law expert and an Adjunct Professor at the University of Western Cape.
Speaking on this mission, Africa Judges and Jurists Forum Secretary General, Advocate Martin Masiga said:
“Africa Judges and Jurists Forum has been following with keen interest the latest developments in Senegal, and deeply appreciates the role that was played by the judiciary and other stakeholders in the country, to defend and enforce the Constitution, under very difficult circumstances. Their courage and impartiality in enforcing the rule of law resulted in the general election being held in March 2024 in line with the country’s constitutional dictates.”
Earlier this year in February, the Parliament of Senegal passed a bill postponing the presidential election from 25 February 2024 to 15 December 2024. The then President His Excellency Macky Sall and the former ruling party justified the postponement of the election on account of a dispute over the candidates list. However, in terms of the Constitution of Senegal, the elections were due by end of March 2024.
The postponement of the election was challenged before the Constitutional Council, who invalidated it on account of being unconstitutional. The Constitutional Council ordered the elections to be held as soon as possible, without specifying a date. A follow-up application was filed before the Constitutional Council requesting the Council to clarify the date for elections, and the Council ruled that the elections must be held prior to the end of March 2024 as per the constitutional deadline. Parties aligned to the then President Macky Sall’s government approached the Supreme Court in an attempt to overturn the decision of the Constitutional Council, and force a postponement of the elections. However, the Supreme Court dismissed this petition, and the elections were eventually held on 25 March 2024 in compliance with the Constitutional Council’s decision, and as stipulated under the Constitution of Senegal.
Commenting on the role played by the members of the Constitutional Council and judges of the Supreme Court, Advocate Martin Masiga said:
“ It took a lot of courage for the judges of the Supreme Court and members of the Constitutional Council to deliver these rulings especially considering the backlash and threats they received from some of the parties who were in favour of postponing the election. These judges and other stakeholders protected constitutional democracy and they deserve to be celebrated. Through their courage in the face of retribution, they played their role to ensure that Senegal remains a beacon for constitutional democracy. This is very important given the recent wave of unconstitutional changes of governments in Africa.”
During its visit to Senegal, the AJJF delegation is expecting to meet with the President of the Republic, the Prime Minister of the Republic, the Minister of Justice, the President and members of the Constitutional Council, the President and members of the Supreme Court, legal academics, civil society leaders and members of the legal profession. Through these engagements, the delegation hopes to open a dialogue on how the Africa Judges and Jurists Forum can best support the efforts to strengthen judicial independence in Senegal. They will also seek to draw lessons that can be useful for judges in other jurisdictions in Africa.
For more information:
Martin Okumu-Masiga, Secretary General of AJJF, email: okumu-masiga@africajurists.org, mobile: +256 753 954 308, Twitter: @mokumas
Dr. Justice Alfred Mavedzenge, Programs Director, email: justice- mavedzenge@africajurists.org, mobile: +27 79 388 9990, Twitter: @Dr_JAMavedzenge
Elizabeth Oriakhogba, Legal Advisor, AJJF, email: elizabeth.oriakhogba@africajurists.org,
mobile: +234 813 128 8602, Twitter: @Leezy_O