Presidential Elections in Senegal: Litigation as Politics by Other Means
On June 1st, 2023, Sonko was removed from the electoral rolls following the Dakar Tribunal’s decision finding him guilty of “corrupting young people,” an offense under article 324 of the Senegalese penal code, and sentencing him to two years in prison. Because the decision was issued in absentia, Sonko could not appeal it.
The decision has been heavily criticized by Sonko and his supporters, who view it as a plan to derail his candidacy in the 2024 presidential elections.
Sonko’s supporters took to the streets to contest the judgment, leading to an unprecedented wave of violence, notably in Dakar, Ziguinchor, and Kaolack. Amnesty International documented serious human rights violations that occurred during the protests, including excessive use of force by security forces and attacks on freedom of expression and information.
Sonko’s legal troubles did not stop there.
On July 29th, 2023, he was charged with plotting an insurrection, criminal conspiracies, criminal association in connection with a terrorist body, and endangering state security. This decision was once again met with violent protests. Sonko’s political party, PASTEF, was dissolved two days later by a decree of the minister of Interior for “frequently calling on its supporters to insurrectional movements.” Following the new charges, Sonko was placed in detention.
These charges came only a couple of weeks after Sall announced that he would not run for a third term. For a long time, Sall had left Senegalese citizens guessing about whether he would run despite the Constitution’s ban on more than two presidential terms. Sall’s announcement also took the wind out of the sails of Sonko’s supporters, who had promised a “Mortal Kombat” against Sall’s possible third term run.
Contesting his ineligibility in the upcoming presidential race and the dissolution of his party, Sonko launched a legal counter-offensive...
In the meantime, Sonko had sought another judicial avenue to contest his party’s dissolution and removal from the electoral rolls. He brought a lawsuit before the ECOWAS Court of Justice, a regional court with a specialization in human rights, which does not require claimants to exhaust domestic remedies prior to approaching it.
Yet again, the regional Court denied his claims after finding that his human rights had not been violated.
Sonko’s presidential campaign is now at a standstill, but Sonko’s party has not admitted defeat yet. On November 19th, 2023, PASTEF endorsed a new candidate– Bassirou Diomaye Faye–as a safeguard in case Sonko is prevented from running. However, Diomaye Faye also is in prison. In April 2023, he was arrested for “spreading false news, insulting a magistrate, and defaming a constituted body.” He is currently awaiting trial.
In the past months, Ousmane Sonko has waged the battle for his political future in courtrooms, more than in the streets. But, as some have observed, his only option now might be to aim for a political settlement outside the courtroom. If the Supreme Court confirms Sonko’s reinstatement in the rolls whilst he remains in jail, will Senegal become the first country to elect a prisoner as president?