Levée d’immunité parlementaire : Les avocats de Farba Ngom dénoncent une violation manifeste de ses droits
As these lines are being written, the lawyers for MP Mouhamadou Farba Ngom are holding a press conference. Speaking on the sidelines of this press conference, El Hadji Amadou Sall, a member of the MP and mayor of Agnam's legal team, is taking a stand. He denounces what he calls "serious and blatant violations" of his client's constitutional rights, particularly the seizure and use of his mobile phone without his consent or the presence of his legal counsel.
According to the lawyer, the Ministry of Justice requested the lifting of Farba Ngom's parliamentary immunity following the discovery of a mobile phone in his possession during a surprise search in December. "Just for a mobile phone," insisted the defense, which believes the proceedings are based on questionable grounds.
Attorney Amadou Sall asserted that the device was held for approximately ten days before his client was questioned. After refusing to provide his access code, the phone was allegedly hacked and its contents exploited. The defense denounced the search, which was conducted in the absence of the MP and his lawyers, in violation, they argued, of the rules governing such operations.
Farba Ngom's lawyers also accuse the authorities of violating professional secrecy, citing the disclosure of correspondence between the MP and his lawyers.
"Communication between a litigant and his counsel is covered by professional secrecy. No one has the right to access it," insisted Me Amadou Sall.
Furthermore, the defense points out that Farba Ngom was granted provisional release by the judge of the first chamber for "serious contestation" of the facts, and not for medical reasons. A decision which, according to Farba's lawyers, weakens the prosecution's case. The prosecution has, however, appealed.
Farba Ngom's lawyers maintain that their client, still a member of parliament, benefits from parliamentary immunity, which, they remind us, can only be lifted for specific acts and under strictly defined conditions. They therefore urge the members of parliament to "consider the implications" of their decision, arguing that immunity protects the function of representing the people, not the individual. Farba Ngom's defense team calls on the parliamentarians who will have to consider lifting their client's parliamentary immunity to exercise restraint.
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