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After being reminded that the appeal judge can not contradict the Community judicature, and that Khalifa Sall has never been denied a request for release, Me Assane Dioma warns of non-compliance with this decision of ECOWAS
"Today, there is no alternative, there are two solutions, or the Court of Appeal says that I, myself, rebel against the decision of ECOWAS. And they will take all the responsibilities. Because if the Court of Appeal says that I do not know the decision of ECOWAS, it means that this Court (speaking of ECOWAS), it is dead, of a beautiful death, because nobody will have more want to go there " says the lawyer, Assane Dioma Ndiaye. And to add that: "Personally, I will not go to this court. If my country takes responsibility after ratifying this treaty, says that I do not respect the decisions of the Court of Justice. So, why go there, why the Guinean would go there tomorrow, why the Gambian would go there. And Senegal would bear this responsibility. "
So, the first alternative is that the appeal judge says that I do not respect the decision of ECOWAS. "And that, one must not even consider it" he says.
Or, one respects the decision of the ECOWAS. "And by respecting it, we draw consequences under Article 55 of the Code of Criminal Procedure" hence the pronouncement of a nullity of the proceedings. And therefore the liberation of Khalifa Sall.
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