La psychose liée à l’incontournable invalidation de la liste de BENNO BOK YAKAAR pour le scrutin du 31 juillet 2022, fait vaciller le pouvoir au point que des partisans du régime, dont le juriste tailleur Mounirou SY s’épanchent dans les médias, déversant une litanie de mensonges et déformant avec une incroyable audace la jurisprudence Malick GAKOU du Conseil Constitutionnel, sur le parrainage.
Il faut anéantir dès à présent tous leurs espoirs, car en réalité, il n’y a pas une jurisprudence Malick GAKOU, mais une double jurisprudence Malick GAKOU.
Décision n° 2019 – E du 13 janvier 2019 – Considérant n°31
« Considérant que la candidature de El Hadj Malick GAKOU est accompagnée des pièces énumérées à l’article 116 du code électoral, dont une liste de 67 842 parrains l’ayant parrainé, présenté sur fichier électronique et sur support papier ; qui l’a déposé un nombre de parrainages supérieur au maximum autorisé par la loi ».
Arrêtons-nous un instant sur le dernier paragraphe du Considérant n°31, dont les termes sont d’une clarté biblique et ne laissent place à aucune interprétation : « le nombre de parrainage déposé est supérieur au maximum autorisé par la loi ».
Mais, puisque la répétition a une valeur pédagogique, le Conseil Constitutionnel, dans une démonstration juridique imparable a confirmé de manière définitive l’irrecevabilité de la candidature de Malick GAKOU, dans sa décision 3-E du 20 janvier 2019.
Décision n° 2019 – E du 20 janvier 2019 – Considérant n°14
« Considérant qu’il y a lieu de rappeler que le sieur Malick Gackou pour l’élection présidentielle a présenté une liste de 67 842 parrains au moment de la déclaration de candidature, et a dépassé le nombre de parrainages autorisés par la loi lors du dépôt, soit 62 820 électeurs ; que ce dépassement suffit à rendre sa candidature irrecevable » …
3 éléments sont importants et décisifs au niveau du Considérant n°14 :
- La notion de rappel : afin que nul n’en ignore, le conseil constitutionnel rappelle le nombre de parrainages déposé par Malick GAKOU « Malick GAKOU a présenté une liste de 67 842 parrains qui dépasse le nombre de parrainages autorisé, par la loi »
- Le Conseil Constitutionnel précise que le dépassement a été constaté lors du dépôt (au niveau de la temporalité, la violation de la loi est constatée lors du dépôt »
- Le conseil constitutionnel conclut en ces termes « ce seul dépassement suffit à rendre sa candidature irrecevable ».
Pour BENNO BOK YAKAAR, la messe est dite et l’équation insoluble : la double jurisprudence Malick GAKOU (le CC a frappé 2 fois) anéantit complétement tout espoir d’une participation au scrutin du 31 juillet 2022. Tel un boomerang, le parrainage institué par Macky Sall pour éliminer l’opposition des joutes électorales, se retourne contre lui et lui revient en pleine figure. En définitive, quel que soit l’angle abordé, il n’existe aucune voie juridique de rendre recevable, la liste de la coalition BENNO BOK YAKAAR, pour le scrutin du 31 juillet 2022.
Nota bene : surplus = dépassement (jouer sur la sémantique ne sert strictement à rien).
Seybani SOUGOU – E-mail : sougouparis@yahoo.fr
C’ est clair comme l’ eau de roche
Mourir ou Sy gueumoule Yallah
Et comme ils sont en train de se moquer des gens de YEWWI,ces nigauds de BBY s’entre déchirent du fait de l’accusation faite sur l’ennemie numéro 1 de marième faye sall,mimi touré qui a exprès laissé un parrain se balader dans leur liste rien que pour se venger de son bourreau macky sall qu’elle suspecte déjà de la remettre dans l’ombre une fois les élections terminées et les meilleures places réservées aux transhumants prouve largement la traîtrise que leur prépare ce poltron macky sall.
AHAHAHAHA Sougou et ses ridicules sougoueries… Tu ne divertiras personne ! Wakhal wakh dji ! La liste de BBY n’a aucune irrégularité et passera comme lettre à la poste !! Tes connards manipulateurs traîtres de YAW ont montré à la face du Sénégal qu’ils mentent carrément aux sénégalais depuis le début et ne pensent en réalité qu’à leurs intérêts personnels ! Moi je ne blaire pas Barthélémy Dias, mais c’est indigne le coup de poignard que lui ont fait Khalifa Sall, Moustapha Sy et Sonko Sodomiseur ! Ce sont ces 3 là qui ont totalement organisé ce coup d’état contre Barth ! Tous les 3 voient en Barth pas un potentiel adversaire pour 2024, mais un sérieux ennemi pour 2024 ! Donc il faut le sacrifier le plus rapidement possible ! Ce qui est clair est que la liste de Dakar de YAW a été intentionnellement sabotée par ces 3 comploteurs pouvoiristes et elle sera rejetée ! Il paraît que Barth fera immédiatement après une conférence de presse pour faire de graves dénonciations… Sabar bou tass tasséééét nak.
Dans de pareils cas, en Afrique Centrale on dit :
Wooooooooooooioooo !
C’est vrai que je parrainage n’est pas simple.
Le plus succulent ce sont les pseudos juristes de Benno qui defilent sur tous les plateaux de télé pour faire des démonstrations aussi stupides les unes que les autres. Faut écouter l’agent judiciaire de l’Etat. Pitoyable.
Mon conseil : demander à la CENA d’invalider toutes les listes sur le fondement du non respect par les mandataires des délais de dépôt, comme cela a été indiqué. Ensuite, fixer un nouveau délai à tous….et pas de djoutch djatch. La démocratie a un prix.
La candidature de la coalition BBY aux élections législatives est irrecevable selon le Conseil Constitutionnel !
À ce propos, il serait erroné pour Yewwi Askan Wi d’enfourcher l’affaire El Hadji Malick Gakou comme cheval de bataille en se contentant de la formule lapidaire « Jurisprudence El Hadji Malick Gakou ».
Il faudra plutôt invoquer la jurisprudence tirée de l’affaire El Hadji Malick Gakou.
Pour la clarté du raisonnement, il faut préciser qu’il s’agira ici de la définition stricte que le lexique Dalloz donne de la jurisprudence, à savoir : « La jurisprudence au sens strict, est l’ensemble des propositions contenues dans les décisions rendues par les juridictions de rang supérieur, et présentant l’apparence d’une norme, en raison de leur formulation générale et abstraite ».
Dans sa requête, El Hadji Malick Gakou réclame d’une part, une deuxième notification aux fins de régularisation de ses parrainages, et, d’autre part, il estime que le Conseil Constitutionnel devrait tirer les conséquences de l’omission qu’il a faite en parlant de Malick Gakou au lieu de El Hadji Malick Gakou.
En réponse, le Conseil Constitutionnel a estimé dans sa décision n° 3/E/2019 :
– D’abord, le droit de régulariser les parrainages invalidés ne peut se faire que dans les 48 heures, un délai qui a comme point de départ la notification après vérification de la liste de parrainage ; la loi ne prévoit ni une seconde notification, ni la possibilité de régulariser au-delà du délai de 48 heures.
– Ensuite, le dispositif qui porte la partie décisoire de la décision mentionne bien que c’est la candidature de El Hadji Malick Gakou qui est déclarée irrecevable et non celle de Malick Gakou.
– Enfin, il y a que c’est une liste de 67842 parrains qui a été présentée au moment de la déclaration de candidature, comme cela a été relevé dans la décision n° 2/E/2019, dépassant le maximum de parrainage autorisé par la loi lors du dépôt, soit 66820 électeurs. Or, ce dépassement suffit pour rendre sa candidature irrecevable.
Voilà une proposition rendue par une juridiction supérieure, et présentant l’apparence d’une norme, en raison de sa formulation générale et abstraite :
« Un dépassement du maximum de parrainage autorisé par la loi lors de la déclaration de candidature suffit pour rendre celle-ci irrecevable ».
Telle est la définition stricte de la jurisprudence du Conseil Constitutionnel selon le Dalloz.
En conséquence, la candidature de la coalition Benno Bokk Yaakaar est irrecevable.
Pour ce qui concerne l’arrêté du ministre de l’Intérieur, il faut noter qu’il s’agit d’un acte exécutoire à portée générale qui, par lui-même, produit des effets juridiques pouvant faire grief aux différents candidats.
Donc, toutes les formalités prescrites pour sa validité ont un caractère substantiel.
Et, de toute façon, selon la règle « Locus Regis Actum », un acte de cette nature, pour être valide, est soumis aux conditions de forme édictées.
Or, l’arrêté dont il s’agit n’a été publié au Journal Officiel que par une édition spéciale du 5 mai 2022, alors que la coalition Benno Bokk Yaakar a déposé son dossier de parrainage la veille, c’est-à-dire le 4 mai 2022.
Il est donc manifeste que la coalition Benno Bokk Yaakaar ne peut en aucun cas se prévaloir de cet arrêté qui n’avait pas une existence légale à la date du 4 mai 2022.
La politique étant tributaire des contingences, il serait hasardeux, parce qu’injuste, de n’appliquer la loi qu’à la coalition Yewwi Askan Wi en ces temps où les passions s’avivent.
Dans l’État républicain, l’injustice caractérisée et le manichéisme d’État sont toujours sources de révolte.
En ces moments où notre pays est à la croisée des chemins, il est du devoir du chef de l’État de ne pas prêter l’oreille à ce chef de la police qui ignore que le substratum de sa mission est tiré de l’article 12 de la Déclaration des Droits de l’Homme et du Citoyen. Ce chef de la police qui semble ignorer que c’est le Peuple qui est aux deux extrêmes de la République, à savoir, l’ordre et le désordre. Ce chef de la police qui ignore que sous tous les cieux, quand le Peuple sort, le gendarme rentre à la caserne. Ce chef de la police qui ignore que c’est l’injustice qui a conduit le Peuple de Paris à s’emparer de la Bastille, qui a donné la force morale à Nelson Mandela pour vaincre l’Apartheid, qui a permis à Martin Luther King de défier la première puissance mondiale, à Lat Dior de préférer tomber le sabre à la main et aux femmes de Nder de s’immoler. Ce chef de la police qui va jusqu’à ignorer qu’en parlant ouvertement au Président de la République de Pape Samba Diop, qui aurait des nervis sous son commandement, il lui ouvre la voie de la Haute Trahison pour parjure. Ce chef de la police qui ignore qu’aujourd’hui, les crimes collectifs ne sont plus prescrits et ne reste donc plus impunis. C’est pourquoi les individus de son espèce sont traqués, sans répit, par toutes les police du monde. Ce chef de la police qui est en décalage avec les réalités socio-psychologiques du pays.
Les autorités politiques, tout autant que ce chef de la police d’ailleurs, doivent savoir que grâce aux réseaux sociaux, la fermentation des principes républicains et du sentiment national progresse à grande vitesse au niveau de la jeunesse.
Cette technologie a réalisé en un temps record ce qui n’avait pas pu se faire pendant 60 ans : la conscientisation des masses.
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