point, to the one filed earlier, concerning the same object, supported by the
same arguments at the same stage of the proceedings; at the request of
another lawyer, constituted for the same client, the Defendant was referred
to the Court of Cassation to rule on the merits of the appeal.
173. That against all expectations, the same lawyer suddenly withdrew his
appeal on February 26, 2020, that is, 4 months later (Judgment No.
2020/033/CC/CRIM of May 27, 2020).
174. This is concrete evidence of a dilatory act in the same case.
175. That in effect, due to this untimely appeal (withdrawal of counsel), the
case remained pending before the Criminal Chamber of the Court of
Cassation from 11 October 2019 to 27 May 2020
176. And this is clearly attributable to the accused, who expressly asked the
Court of Cassation to record his withdrawal.
177. In its recent decision of 27 May 2020, the Court of Cassation
welcomed the voluntary withdrawal of Maître NASSIROU LAWALY,
MADI CHERIF's lawyer.
178. Following the decision of the Criminal Chamber of the Court of
Cassation dated 27 May 2020, the case was transmitted on 19 June 2020 to
the Prosecutor General at the Niamey Court of Appeal, who referred it on 29
June 2020 to the investigating judge appointed to execute the additional
information.
179. It follows from these observations that the actions of the Applicant,
through the multiplication of applications for provisional release and
remedies against the orders, also had the inevitable consequence of delaying
the course of the proceedings.
180. In fact, the courts to which these applications and appeals were
submitted were required to rule on their merits before remitting the case to
trial.
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