Affaire Abdou Nguer : un renvoi de procès contraire à la loi, selon Babacar Ba
The president of the Forum of the Justiciable reacted following the postponement of Abdou Nguer's trial to March 20th.
In a message posted on X (formerly Twitter) this Friday, Babacar Ba reminded everyone that in cases of flagrant offenses, the accused must be tried at the nearest hearing.
"In matters of flagrant offense, Article 385 of the Senegalese Code of Criminal Procedure stipulates: 'If the case is not ready to receive judgment, the court orders it to be referred to one of the next hearings for further information and, if necessary, releases the accused on bail, with or without security, or places him under house arrest with electronic surveillance,' he wrote.
According to him, in light of this provision, postponing Abdou Nguér's trial to March 20, 2026, appears contrary to the aforementioned legal provisions. "In cases of flagrant offenses, the accused must be tried at the earliest opportunity," explained the former member of the National Office for the Fight Against Fraud and Corruption.
Mr. Ba argued that the case was not ready for trial and that the presiding judge should have ordered it adjourned to the next available hearing. "Setting such a distant date, without granting provisional release, effectively amounts to imposing a de facto prison sentence on the defendant before trial," he lamented.
He concludes by saying, "Law is first and foremost about form before substance: respect for procedural rules conditions the legitimacy of any judicial decision."
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