Legal analysis of Ousmane Sonko's potential return to the National Assembly
via SeneNews8 min read
The debate surrounding Ousmane Sonko's potential return to the National Assembly requires a rigorous legal interpretation, focusing on the hierarchy of norms, the precise qualification of facts, and the articulation of applicable texts. The core issue is not merely whether he submitted a resignation letter or a suspension request, but whether the act of December 2, 2024, could legally constitute a resignation or if it was an unfounded suspension incapable of validly terminating his parliamentary mandate. Article 54 of the Constitution establishes the incompatibility between government and parliamentary functions but does not specify the resolution process. Article 123 of the Internal Regulations of the National Assembly RIAN addresses deputies appointed to government, while Article 132 concerns deputies already in an incompatible situation at the time of election, requiring them to resign incompatible functions within eight days or be deemed to have resigned. A crucial point is whether Sonko was ever formally installed as a deputy, as this would determine if the eight-day period in Article 132 ever began. If not, the December 2, 2024, act might not be a legally triggered resignation. The article argues that the December 2, 2024, act was a request for suspension, not a resignation, and the former RIAN did not recognize parliamentary mandate suspension as an autonomous act. A resignation requires clear, unequivocal, and irrevocable intent, which a suspension request does not co
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