ECOWAS COURT FINDS NO VIOLATION IN CASE BROUGHT BY SENEGAL POLITICAL FIGURES AGAINST THE REPUBLIC OF SENEGAL
Lagos, 16 May 2025: The ECOWAS Court of Justice delivered its judgment in the case Khalifa Ababacar SALL and Others v. Republic of Senegal (ECW/CCJ/APP/51/21), brought by nine prominent Senegalese political figures who alleged violations of their civil and political rights following the dissolution of the Senegalese National Assembly and the organization of early legislative elections. It ruled that there is no sufficient evidence of violations of the Applicants’ civil and political rights under regional or international law.
Background of the Case
The Applicants, Khalifa Ababacar SALL, Oumar SARR, Abdou MBOW, Pape Djibril FALL, Abdoulaye WILANE, Thierno BOCOUM, Modou DIAGNE, Aly Saleh DIOP, and Ndiana NDIAYE – all public and political figures residing in Senegal, challenged several presidential decrees adopted in September 2024. These include Decree No. 2024-1980, which dissolved the National Assembly, and Decrees No. 2024-1981 and 2024-1982, which convened early legislative elections and allocated parliamentary seats respectively.
The Applicants argued that these acts were taken without prior political consultation, undermining democratic traditions in Senegal and violating the ECOWAS Protocol on Democracy and Good Governance, as well as their civil and political rights under various international and national instruments. They claimed the decrees altered key aspects of the electoral process, such as deadlines and eligibility criteria, in violation of the six-month rule for substantial electoral reforms and without consensus among political stakeholders.
The Republic of Senegal contested the claims, asserting that all actions were taken in compliance with its Constitution and electoral laws, and based on the advice of the Constitutional Council. The Government argued that no substantial modification to the electoral law had occurred and emphasized the legality of the dissolution and the electoral decrees.
Findings of the Court
The Court first confirmed its jurisdiction under Article 9(4) of the Supplementary Protocol (A/SP.1/01/05), which grants it competence over human rights violations in ECOWAS Member States.
The Court also declared the case admissible, confirming that the Applicants were identified individuals claiming violations of their rights and that no parallel proceedings were pending before other international tribunals.
On the merits, the Court examined whether the Respondent’s actions infringed upon the Applicants’ civil and political rights, particularly in the context of electoral governance and public participation. The Court acknowledged the importance of consultative and inclusive electoral reforms, as enshrined in Article 2 of the ECOWAS Protocol on Democracy and Good Governance. It also reiterated the protected nature of political rights under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR).
However, the Court found that the Applicants did not sufficiently establish that the electoral process modifications amounted to substantial legal changes prohibited within six months of elections without consensus. It noted that the Decrees were administrative acts within the constitutional authority of the President and had received prior review by the Constitutional Council of Senegal.
Decision of the Court
In its final judgment, the ECOWAS Court:
- Declared itself competent to hear the case and found the application admissible.
- Did not find sufficient evidence of violations of the Applicants’ civil and political rights under regional or international law.
Judicial Panel
The Judgment was delivered by a panel composed of:
- Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding and judge Rapporteur)
- Hon. Justice Gbéri-Bè Ouattara (Member)
- Hon. Justice Edward Amoako Asante (Member)