Sénégal Conseil Constitutionnel: Government Blocks Code Pétrolier Bill

• A plenary session of the Senegalese National Assembly on Tuesday, September 29, saw two major legislative initiatives blocked amid escalating institutional tensions.
• Bill n°21/2026, extending the biometric Cedeao identity card's validity, was sent back to committee due to concerns over government arguments and potential election postponement.
• Bill n°37/2026, aiming to modify the Code pétrolier to grant the Assembly prior approval over oil and gas contracts, was halted after the government urgently seized the Sénégal Conseil Constitutionnel for inadmissibility.
• The government opposes the parliamentary initiative to control oil and gas contracts, seeking its annulment by the Constitutional Council.
• These legislative setbacks occur amid public controversy over energy sector management, including power cuts, rising electricity costs, and perceived low returns from natural resource projects.

The government, however, is unwilling to relinquish this prerogative, hoping that the “Sages” of the Constitutional Council will invalidate the legislative effort.

A recent plenary session in the Senegalese National Assembly on Tuesday, September 29, marked a significant escalation in the ongoing institutional conflict between the executive and legislative branches. This session saw two major legislative initiatives halted, underscoring a persistent “war of attrition” that has characterized the relationship between the government and the parliamentary majority for several months. The Assembly has been a battleground for what are described as regulatory skirmishes, with numerous legislative proposals rejected and bills returned to committee for further review.

The first major setback involved Bill n°21/2026, which aimed to extend the validity period of the biometric Cedeao identity card. Despite having been previously adopted by the Laws Commission, the bill was abruptly stopped. Abdoulaye Tall, the commission's president, successfully requested its return to committee, citing Article 84 of the Internal Regulations. This decision was driven by concerns over what were deemed “insufficient” arguments from the government, coupled with explicit fears regarding a potential postponement of elections and possible abuses related to a “force majeure” clause, particularly in the current high-tension pre-electoral environment.

The legislative gridlock continued with the proposed modification of the Code pétrolier, Bill n°37/2026, which was scheduled for examination yesterday afternoon. The session was adjourned after Ismaïla Diallo, Third Vice-President of the National Assembly, announced that the government had urgently seized the Sénégal Conseil Constitutionnel. The executive filed a recourse for inadmissibility to block the text, following its prior rejection in commission.

This parliamentary initiative, championed by deputies from the Groupe Pastef, sought to mandate that all oil and gas contracts be subjected to the National Assembly's prior control and approval before their signature. The government, however, is unwilling to relinquish this prerogative, hoping that the “Sages” of the Constitutional Council will invalidate the legislative effort. The government's direct appeal to the Conseil Constitutionnel highlights a fundamental disagreement over the scope of executive versus legislative authority in critical economic sectors.

The blockage of the Code pétrolier reform comes amidst intense public controversy surrounding the management of natural resources and the energy sector. Public discontent has been fueled by persistent power cuts, a rise in electricity costs during a heatwave, and the financial struggles of Senelec. Furthermore, there is a widespread perception that the economic benefits from key projects, such as the Sangomar fields and the Grand Tortue Ahmeyim (GTA) gas project, remain disappointingly low.

In response to this institutional and sectoral turbulence, El Hadji Abdourahmane Diouf, the Minister of Energy and Petroleum, has scheduled a national and international press conference for Thursday, October 1, 2026. To be held at the Museum of Black Civilizations, the event is themed “Challenges, reforms and prospects for the energy and hydrocarbons sector.” During this significant address, the Minister is expected to face pointed questions regarding the transparency of hydrocarbon contracts, the nation’s energy mix policy, and the government's strategy in light of the parliamentary majority's explicit demand for greater oversight.

Source: Original reporting via Le Quotidien