Conseil Constitutionnel Sénégal: Curbs Forced Appearance for Ministers

• The Conseil constitutionnel du Sénégal issued a decision on July 24, 2025, significantly limiting the powers of parliamentary inquiry commissions.
• The ruling censured Article 56, paragraph 2 of the National Assembly's internal regulations, which previously allowed for compulsory attendance under threat of penal sanctions or armed force.
• This means commissions d’enquête parlementaire Sénégal can no longer physically force individuals, including former ministers, to appear for testimony.
• Former Minister Zahra Iyane Thiam confirms that summoned individuals can now decline invitations without fear of forced appearance, and commissions cannot determine criminal charges.
• Several former ministers, including Cheikh Oumar Anne, Abdoulaye Daouda Diallo, and Moussa Baldé, have already declined summonses, citing issues with commission legitimacy or lack of specificity.

The Conseil constitutionnel du Sénégal, in a significant ruling on July 24, 2025, has curtailed the powers of parliamentary inquiry commissions, removing their ability to compel the attendance of summoned individuals through penal sanctions or physical force.

The Conseil constitutionnel du Sénégal, in a significant ruling on July 24, 2025, has curtailed the powers of parliamentary inquiry commissions, removing their ability to compel the attendance of summoned individuals through penal sanctions or physical force. This decision comes at a time when commissions d’enquête parlementaire Sénégal are increasingly active, scrutinizing the management of public funds and often facing resistance from those called to testify.

The ruling specifically targeted paragraph 2 of Article 56 of the internal regulations of the National Assembly (règlement intérieur Assemblée nationale Sénégal). This particular provision previously stipulated an obligation de comparaître anciens ministres and other officials, backed by the threat of criminal penalties and the potential deployment of armed force to ensure their presence. With its censure, the Conseil constitutionnel du Sénégal has effectively disarmed the Assembly of these coercive measures, fundamentally altering the landscape for parliamentary investigations.

The decision 24 juillet 2025 Conseil constitutionnel means that the National Assembly can no longer physically compel individuals to appear and provide testimony. Former Minister Zahra Iyane Thiam has clarified that, in light of this ruling, those summoned by commissions d’enquête parlementaire Sénégal are now at liberty to decline invitations. She emphasizes that the commissions can no longer invoke the censured Article 56 to enforce a comparution forcée, nor do they possess the authority to determine the criminal qualification of any alleged facts.

This redefinition of powers has significant implications for how parliamentary inquiries operate. The multiplication of audits involving high-ranking administrative officials has brought the procedural limits of these investigations into sharp focus, making the Constitutional Council's intervention particularly relevant for the future of oversight in Senegal.

Even before the Conseil constitutionnel Sénégal comparution forcée ministres ruling, and certainly since, several former ministers have declined to appear before parliamentary commissions, citing various reasons that now find stronger legal backing. Cheikh Oumar Anne, for instance, refused a summons concerning the “Un étudiant, un ordinateur” program, challenging the commission's legitimacy and credibility. He also highlighted alleged irregularities in the Special Rural Development Program, launched in 2022, which was reported to cost 453 billion CFA francs by Ageroute, or 774 million euros (approximately 507.7 billion CFA francs) with international partners, alongside a 95 billion CFA franc bridge loan.

Similarly, Abdoulaye Daouda Diallo declined his summons, arguing that an audition should be based on clearly identified facts and documents provided in advance, rather than requiring him to bring relevant materials himself. Moussa Baldé also refused to appear, stating that his summons lacked specificity regarding the facts, markets, or decisions the deputies wished to question him about. These instances underscore the ongoing debate about the scope and procedural fairness of parliamentary inquiries, a discussion that Aminata Touré has also previously contributed to by questioning the very nature of these commissions.

Lawyers advising former Senegalese ministers or those involved in parliamentary inquiries must be aware of the Constitutional Council's July 24, 2025 decision, which significantly limits the powers of inquiry commissions to compel attendance, removing the threat of penal sanctions and physical force for non-compliance. This decision alters the legal framework for parliamentary investigations and impacts how summonses from such commissions should be handled.

Source: Original reporting based on Senegalese press analysis.