On Friday 17 November 2023, the ECOWAS Court of Justice handed down its decision in the case of Ousmane Sonko against the State of Senegal.
The legal arguments contained in the ruling state that the procedures followed by the State “comply with human rights, as legal remedies have been exercised and judicial decisions have been handed down”.
Here are the points contained in the decision:
The Court has declared itself competent
The ECOWAS Court of Justice declared itself competent and received the applications. On the merits, it accepted the accelerated procedure and rejected the interim measures requested.
Rejection of the application by Sonko’s lawyers
In its decision, the Abuja Court rejected the arguments of Ousmane Sonko’s lawyers. The judges found that all the arguments raised by Sonko’s lawyers were unfounded.
The State of Senegal had not “violated any of Sonko’s rights”.
The judges found that the State of Senegal “has not violated any of Ousmane Sonko’s rights”. This concerns all the rights attached to his person.
Right to participate in elections not violated:
With regard specifically to the right to participate in the elections, the ECOWAS Court of Justice points out that the elections have not yet taken place. It concludes that this right has not been violated by the State of Senegal.
The former PASTEF party was dissolved in accordance with Senegalese law
On the dissolution of PASTEF, the Court stated that the former party “was dissolved in accordance with domestic law on the basis of the report of the Minister of the Interior”.
It also reiterated its jurisprudence that it does not rule on cases pending before national courts.
Source: Culled from Seneweb
