Procédure contre Farba Ngom : Ayib Daffé définit les missions de la Commission ad hoc
The process of lifting the parliamentary immunity of MP Farba Ngom is proceeding in the National Assembly following the establishment of the ad hoc committee. Speaking on this matter, the president of the Pastef parliamentary group, Ayib Daffé, emphasized the strictly institutional role of Parliament in this type of procedure.
According to him, the National Assembly was officially notified by the Minister of Justice, following a request from the public prosecutor's office. This referral is in accordance with the provisions of Articles 60 and 61 of the parliamentary rules of procedure. "In accordance with the Constitution, members of parliament are covered by parliamentary immunity. To prosecute a member of parliament, particularly during a session, except in cases of flagrant offense, it is mandatory to request authorization from the National Assembly," explained Ayib Daffé.
The president of the Pastef parliamentary group clarified that the request to lift parliamentary immunity concerns the Honorable Member of Parliament Farba Ngom. This request was submitted by the Public Prosecutor at the High Court of Dakar, relayed by the Attorney General at the Court of Appeal, before being sent to the National Assembly by the Minister of Justice.
In this context, an ad hoc committee was established and ratified by the National Assembly. It is composed of eleven members representing the majority group, the opposition, and independent members. This committee will be responsible for conducting the preliminary procedures prior to any parliamentary decision.
Parliament, a regulatory body, not a judicial body
Ayib Daffé emphasized the nature of the work entrusted to the commission, stressing that Parliament does not pronounce on the guilt or innocence of the MP in question. "The National Assembly is not meant to replace the justice system. We are not a court of judgment. We do not conduct investigations or prosecutions," he stated.
According to him, the commission's mission is solely to examine the admissibility and regularity of the request. It must, in particular, verify whether the procedure initiated complies with the Constitution and the rules of procedure of the National Assembly. "Our role is to assess whether the request is serious, fair, and sincere, and to ensure that there is no arbitrariness. We must also examine whether the alleged facts correspond to offenses stipulated by the Penal Code, without, however, establishing the material facts," he explained.
As part of the procedure, the member of parliament in question or their legal counsel must be heard by the committee. Following its deliberations, the committee will submit its conclusions to the plenary session, the only body authorized to decide whether or not to lift parliamentary immunity. The Conference of Presidents has set a one-week deadline for the committee to complete its work and submit its report to the members of parliament.
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