Sheikh Koureyssi Ba, one of the lawyers of the leader of Pastef+Les Patriotes, reacted to the decision of the judge of the second cabinet. On Friday 21 May 2021, the latter refused to let Ousmane Sonko leave Senegalese territory to go to Lomé, the Togolese capital, for a conference on the ECO, the new currency that would replace the FCFA, even more decried than its monetary ancestor. According to President Macky Sall’s political lawyer and opponent, “Ousmane Sonko will not be the caged bird”
“They” won’t be looking for him! This is it: Mr. Abdoulaye Assane Thioune, the investigating judge of the 2nd Cabinet at the TGI Hors-Classe in Dakar, acting as judge of the 1st Cabinet, has just had Mr. Ousmane Sonko’s defence served, through the clerk attached to the 1st Cabinet, the rejection of the latter’s request to make a trip to Togo for a short stay of three days (Sonko was expected as the guest star of a Forum focused on “The States General of the ECO” and to be held in the Togolese capital from 26 to 28 currents).
Already informed of this request with the transmission of the file by this judge – who ensures the interim until the new Dean of Judges is appointed – the Prosecutor of the Republic had, as we know, categorically refused.
This 21 May the judge Thioune, without being overly embarrassed of frills, has just ruled following the opinion of the prosecutor’s office to also oppose any move of the leader of Pastef-Les Patriotes outside the national territory.
• According to the Prosecutor, the judicial review order made on 8 March by the late Dean Samba Sall had not specified any reservations regarding a measure such as the prohibition of exit from the national territory.
That therefore, in the absence of release of the judicial review, the accused may not be allowed to leave the national territory.
This was enough for Mr. Bassirou Guèye to ground the rejection of the request made since May 17 by our excellent colleague Me Bamba Cissé, on behalf of the Defense of Ousmane Sonko.
• More subtle, Judge THIOUNE believes that the accused Ousmane Sonko has not yet been heard on the merits to explain the charges formally brought against him by the civil party.
He therefore infers that, for the purposes of the investigation, a relaxation of judicial review is still premature at the present stage of the proceedings.
Thus, relying on the provisions of Articles 72, 77 and 127 ter of the Code of Criminal Procedure, Mr. Abdoulaye Thioune rejected the request.
It is just the prince’s doing. The Prosecutor and the Acting Judge erred in law. There is no justification for such a retaliatory measure. Except perhaps for other imperatives, which come from other spheres, other considerations, other timetables. The relevant sections of the Act are clearly inoperative in this regard.
It is just the prince’s doing. The Prosecutor and the Acting Judge erred in law. There is no justification for such a retaliatory measure.Except perhaps for other imperatives, which come from other spheres, other considerations, other timetables. The relevant sections of the Act are clearly inoperative in this regard.
In the end, Lomé will not see the child prodigy so much awaited, for the moment at least. No start of debate on Eco for Sonko. But all this is ridiculous.
No one can stop the sea with his arms. And Ousmane Sonko will not be the caged bird. I persist, I sign twice and I underline three times.
