Rarely (not to say never), the Senegalese have been interested in articles 29 and 30 of the Electoral Code. After Ousmane Sonko’s 6-month suspended sentence on appeal for defamation, everyone gave their opinion and their interpretation of these two articles which, to say the least, can be confusing.
To be clear about the eligibility or otherwise of Ousmane Sonko for the next presidential election scheduled for February 25, 2024, Me Aly Kane was questioned by our colleagues from Senegal7 and he made a major clarification. According to him, articles 29 and 30 apply to people who are not yet registered on the electoral lists and not those who are already, like Ousmane Sonko.
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« When a person is sentenced to a sentence greater than 3 months or equal to 6 months even suspended for any offence, he should not be registered on the electoral lists. But here, we are in the presence of a person (Editor’s note: Ousmane Sonko) who is already on the lists. The text does not say that the person must be struck off. What I understand from this text is that it applies to the person who comes to register and who, at that time, will not fulfill the conditions for registration on the electoral lists (…) Again once, I distinguish between the one who is registered and the one who is already registered. Ousmane Sonko has already registered on the electoral lists. But the acts that we have cited do not say that the condemned person must be struck off. On this point, the texts are silent.“, he detailed.
In other words, articles L29 and L30 do not apply to Ousmane Sonko, especially since the revision of the electoral lists has been completed since May 6.
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However, Me Kane specifies that if Ousmane Sonko is removed from the electoral lists, he can appeal the decision to the ECOWAS Court.
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