By a separate application dated 6 November 2018 and received at the Registry
of the Community Court of Justice, ECOWAS on 13 November 2018, Karim
Meissa Wade requested that his case be heard under expedited procedure.
To buttress his request for expedited procedure, he again claims that his
application for his name to be put on the electoral roll for the presidential
election of 24 February 2019 was rejected by the administrative units of the
Ministry of Interior for the purposes of excluding him from the election, whereas
he had already been recognised officially by the first national opposition party,
the Parti Démocratique Sénégalais (PDS).
He further pleads that on 22 January 2018, the President of the Republic of
Senegal fixed by law 24 February 2019 as the date for the next presidential
elections; that the Constitutional Council shall publish the provisional list of
candidates at least 35 days before the election date of 24 February 2019; that
the final list of candidates will then be made public by the Constitutional Council
after examining the complaints of those whose candidatures were rejected,
following the publication of the provisional list; thus, he pleaded that there was
obvious urgency for the ECOWAS Court to hear with minimum delay, under
expedited procedure, the case of violation he had suffered. He maintains that
under the prevailing conditions, if his substantive application should be heard
under the ordinary procedure, his requests will have no interest and will turn
out as devoid of purpose; he pleads that his request for expedited procedure is
justified on the ground that the electoral process had already commenced.
In response, the Republic of Senegal, represented by the State Judicial Officer,
and a Defence Counsel constituted by Maître Yérim Thiam and four others,
asked the Court to dismiss the entire Application brought by Mr. Karim Meissa
Wade as ill-founded and also ask him to bear the costs.
The Republic of Senegal contends that the subsidiary reconstitution of the
electoral roll as instituted by Law No. 2016-27 of 19 August 2016 went hand-inhand with the introduction of the ECOWAS electronic biometric card ushered by
Law No. 2016-09 of 14 March 2016; that in the terms of the provisions of Article
4(1) of the law thus reconstituting the electoral roll: “Upon completion of the
reconstitution exercise, only voters who had presented themselves physically
and gone through the formality as well as those newly registered shall feature
on the electoral roll”; that Mr. Karim Meissa Wade did not go to the accredited
bodies mandated to carry out that exercise for him either in Senegal or abroad;
consequently, his name no more featured on the electoral roll, in compliance
Translator: E. Nkansah 6