Mairie de Dakar : les trois revers de Barthélémy Dias à la Cour suprême
In appealing to the Supreme Court against the Court of Appeal's ruling upholding his resignation from his position as Dakar city councilor, as confirmed by the prefect, Barthélémy Dias presented three arguments to plead his case. But on each point, notes Les Échos, the High Court sent him to the ropes before delivering the fatal verdict.
Regarding the alleged violation of Title 3 of Book 3 of the Code of Civil Procedure (CCP) entitled "On Procedure in Electoral Matters," the administrative chamber of the Supreme Court recalled, according to the daily newspaper, that Article 772 paragraph 3 of the CPC provides that "under penalty of inadmissibility, no argument other than those invoked within the time limits for complaints may be submitted to the Court of Appeal." It added that Barthélémy Dias's lawyers had expressed their wish to make oral observations, but that they waited until the day of the hearing at the Court of Appeal, at the end of the five-day deadline set for them, to carry out their wishes.
The ousted mayor's lawyers then pointed out a violation of the Electoral Code and the General Code of Local Authorities, recalling that their client, as the lead candidate, was elected mayor by direct universal suffrage. The administrative chamber's response: "Even if elected by direct universal suffrage, the mayor first has the status of municipal councilor."
Third and final argument raised by Barthélémy Dias's camp: the departmental prefect is not empowered to order the removal of a mayor, a prerogative devolved, the applicant's lawyers point out, to the President of the Republic. Certainly, the Supreme Court seemed to say in its response before specifying, in essence, that in this case, the administrative authority cited did not revoke a mayor, but rather, after being contacted by a voter, declared a municipal councilor who was ineligible to stand as a result of a final criminal conviction to have resigned.
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