Pr Ndiack Fall: "Khalifa Sall must recover freedom, but …"

The controversy surrounding the judgment of the ECOWAS rendered in favor of Khalifa Sall is far from will fade. This time it is Professor Ndiack Fall, a specialist in criminal law who gives his opinion.

"The judgment of the ECOWAS Court of Justice is binding on its Member States. As a result, the decision rendered upset the progress of the prosecution against Khalifa Sall and disavowed the investigating judge who had endorsed the procedure, "said Ndiack Fall on the Grand Jury of the Rfm this Sunday.

Now, says the specialist of criminal law, it is now up to the appellate judge to take this into account and draw all the consequences: "When there are obvious irregularities as stipulated by the judgment of the Court of Justice from ECOWAS, this leads to the nullity of the whole procedure. "

Clearly," Khalifa must recover freedom and we start the trial from scratch, "said the professor at the University Cheikh Anta Diop (Ucad). According to whom the decision of ECOWAS has censored and the National Assembly and the public prosecutor, Bassirou Guèye.

But beware! Nothing is played yet for Khalifa Sall. According to Pr Fall, the appellate judge is in no way obliged to follow the indictment of the Public Prosecutor's Office requesting the application of the judgment of the Court of Justice of ECOWAS. This, by virtue of the prerogatives conferred on it by the law

"According to the principle of the indivisibility of the Public Prosecutor's Office, the Prosecutor General at the Court of Appeal may be substituted by another magistrate of the Public Prosecutor's Office, to take the counter- Prosecutor Lassana Diaby, "he warns. Judge Demba Kandji can freely follow this new indictment, thus keeping Khalifa Sall in prison. "(Seneweb)