Pourquoi le retour d'Ousmane Sonko à l'Assemblée nationale est juridiquement impossible (expert)
“There are two reasons preventing former Prime Minister Ousmane Sonko from returning to the National Assembly,” according to Alioune Souaré, a specialist in parliamentary affairs. In an analysis entitled “Sonko: The Loss of His Parliamentary Mandate!”, the expert first cites legal texts, notably Article 54 of the Constitution, Article LO 175 of the Electoral Code, and Article 132 of the Rules of Procedure of the National Assembly.
Regarding these provisions, he recalls the terms of Article 54 of the Constitution: "Membership in the government is incompatible with a parliamentary mandate and any paid public or private professional activity. The implementing procedures for this article are established by an organic law."
What exactly does this organic law say? Alioune Souaré highlights the contribution of Article LO 175 of the Electoral Code: "A member of parliament who, at the time of their election, finds themselves in one of the cases of incompatibility referred to in the organic law governing the internal regulations of the National Assembly, is required to comply with the procedure provided for this purpose."
Regarding the conduct of this procedure, he refers to Article 132 of the RIAN: "A member of parliament who, at the time of his election, finds himself in one of the cases of incompatibility referred to in the previous chapter, is required to establish within eight (8) days following his entry into office, that he has resigned from his functions incompatible with his mandate."
What conclusions should be drawn from a combined reading of these different articles? According to Alioune Souaré, "the texts do not indicate anywhere a request for suspension of mandate. The term is not mentioned in any of the provisions of the aforementioned laws. What remains clear is the resignation of Ousmane Sonko, effective since December 2, 2024, the day the 15th legislature was installed."
Secondly, the parliamentary affairs specialist raises an obstacle related to the principle of non-retroactivity of laws. He cites Organic Law 2025-11 of August 18, 2025, concerning the internal regulations of the National Assembly, which came into force on August 27, 2025. "Article 124 of this law provides for the reinstatement of members of parliament appointed to the government upon the cessation of their ministerial duties," he explains. However, the expert is categorical: "This does not apply to Ousmane Sonko, who submitted his resignation letter in due form on December 2, 2024."
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