IS SENEGAL EXPERIENCING CONSTITUTIONAL OR INSTITUTIONAL CRISIS?

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When President Macky Sall indefinitely postponed the election, he indicated that there was an impending institutional crisis which justified the postponement. This was further backed by a law promulgated by the National Assembly of Senegal, affirming an institutional crisis meriting the shifting of the date of election to 15th December and extending his term limit beyond 2nd April.

The constitutional council declared that both the law and decree were unconstitutional and in that regard were null and void. President Macky Sall has issued a press release accepting the decision of the constitutional council which also indicated that the 25th February election could not be held, but directed that election should be held as soon as practicable.

One would therefore admit the emergence of a constitutional crisis due to the fixing of a date for election before the end of the mandate of Macky Sall. Fixing such a date would run into many constitutional contradictions that are only resolvable if there is a national consensus or Macky Sall resigns before the end of his mandate and leaves the speaker to assume the presidency for a period of 60 to 90 days.