[ad_1]
On June 30, 2013, the Constitutional Court, out of about thirty candidates, had validated only 13 candidatures. And, not least candidates had seen their candidacy set aside, but with the possibility of dismantling within 48 hours, the grievances of the Constitutional Court. And, most candidates who take themselves seriously, have used lawyers to convince the court of the relevance of the various documents provided in support of their application. "Decides as follows the final list of candidates for the election of the President of the Republic whose first round is set for July 29, 2018: Ibrahim Boubacar KEITA; Aliou DIALLO; Choguel Kokalla MAÏGA; Harouna SANKARE; Housseini Amion GUINDO; Mamadou Oumar SIDIBE; Soumaïla CISSE; Dramane DEMBELE; Moussa Sinko COULIBALY; Cheick Mohamed Abdoulaye Souad says Modibo DIARRA; Niankoro Yeah SAMAKE; Modibo KONE; Daba DIAWARA; Mamadou DIARRA; Mohamed Ali BATHILY; Mamadou TRAORE; Modibo SIDIBE; Hamadoun TOURE; Modibo KADJOKE; Adama KANE; Kalfa SANOGO; Madam Djénéba N'DIAYE; Oumar MARIKO; Mountaga TALL, "says the Constitutional Court. Read the complete final judgment of the Constitutional Court of Mali which announces 24 candidates for the election of 29 July 2018!
CONSTITUTIONAL COURT
REPUBLIC OF MALI
A People – A Goal – A Faith
JUDGMENT No. 2018-02 / CC-EP OF JULY 4, 2018, FINALIZING THE CANDIDATES FOR THE ELECTION OF THE PRESIDENT OF THE REPUBLIC (Vote of July 29, 2018)
The Constitutional Court
Having regard to the Constitution
Having regard to Law No. 97-010 of 11 February 1997 as amended by Law No. 02-011 of 5 March 2002 on an organic law determining the rules of organization and functioning of the Constitutional Court and the procedure followed before it;
Having regard to Law No. 2016-048 of October 17, 2016 amended by Law No. 2018-014 of April 23, 2018 on Electoral Law;
Having regard to Law No. 64-21 / AN-RM of July 15, 1964 determining the terms of legalization in the Republic of Mali;
in ° 017-2012 of 31 January 2012 creating eleven (11) new regions;
Having regard to Decree No. 02-119 / P-RM of 08 March 2002 laying down the model declaration of candidacy for the election of the President of the Republic;
Having regard to Decree No. 06-568 / P-RM of 29 December 2006 fixing the terms of application of the support to candidates for the election of the President of the Republic;
Having regard to Decree No. 2018- 0398 / P-RM of 27 April2018being convened the electoral college, opening and closing of the election campaign on the occasion of the election of the President of the Republic;
Kalafili2018: An online survey to encourage the population to a vote solid
Having regard to the Rules of Procedure of the Constitutional Court of August 28, 2002;
Having regard to Decision No. 2018-0076 / P-CCM of May 29, 2013 by the President of the Constitutional Court establishing a Commission to receive applications for the election of the President of the Republic
Having regard to the letter n ° 018-PAN / SG of 31 May 2018 from the President of the National Assembly transmitting the updated list of deputies;
Having regard to Circular Letter No. 00309 / MATD-SG of 24 April 2018 from the Minister of Territorial Administration and Decentralization concerning the management of the form for the application of candidates for the election of the President of the Republic;
In view of letter No. 00520 / MATD-SG of 25 June 2018 from the Minister of Territorial Administration and Decentralization transmitting the list of Councilors
Given letter n ° 00530 / MATD-SG of June 26, 2018 from the Minister of Territorial Administration and Decentralization transmitting the list of municipalities where there was no election in 2016 and the reason for the non-holding of the municipal elections of November 20, 2016 in these communes;
Considering the letters n ° 0048 / DNTCP – DN of June 28, 2018 and n ° 00654 / DNTCP -DN of June 29, 2018 of Mr the National Director of the Treasury and public accounts relating to the verification of the receipts of the deposit of the guarantee;
Seen the proclamation of the provisional list of the candidates to the election of the President of the Republic (poll of July 29th, 2018) en dated June 30, 2018;
Considering that by proclamation of June 30, 2018, the Constitutional Court adopted the provisional list of candidates for the election of the President of the Republic (poll of July 29, 2018) as follows: [19659003] Ibrahim Boub acar KEITA, Aliou DIALLO, Housseini Amion GUINDO, Mamadou Oumar SIDIBE, Soumaïla CISSE, Dramane DEMBELE, Moussa Sinko COULIBALY, Modibo KONE, Daba DIAWARA, Mamadou DIARRA, Mohamed Ali BATHILY, Modibo SIDIBE, Modibo KADJOKE, Adama KANE, Kalfa SANOGO, Oumar MARIKO and Madam Djénéba N'DIAYE and rejected the candidatures of: Choguel Kokalla MAIGA, Harouna SANKARE, Cheick Mohamed Abdoulaye Souad said Modibo DIARRA, Niankoro Yeah SAMAKE, Ainéa Ibrahim CAMARA, Boubacar N'tio TRAORE, Mamadou TRAORE, Hamadoun TOURE, Aboubacar Abdou TOURE, Marcelin GUENGUERE, Missa KONE, Mountaga TALL and Mrs. Rakia ALPHADI marries GANFOUD;
That it opened to the candidates the deadline for complaint and possible dispute of the validity of the candidatures envisaged by the article 152 of the Law n ° 2016-048 of the 17 October 2016 on the electoral law which provides: «Any contesting of an application is referred to the Constitutional Court twenty-four (24) at the latest after publication of the list of candidates. The Constitutional Court rules without delay "
Considering that under Article 31 of the Organic Law on the Constitutional Court all the litigation relating to the election of the President of the Republic and deputies to the National Assembly falls within the jurisdiction of the Constitutional Court;
Considering that by application dated 1 July 2018 registered in the Registry at 14 hours 40 minutes under the number 050, Ainéa Ibrahim CAMARA asked the Court to be returned in its rights by allowing him to participate in the election of the President of the Republic;
In support of his request, he explains that the lists of his supporters under the regions of Ségou and Sikasso challenged by the Court in the proclamation of June 30, 2018 are actually on the official list of communal councilors established by the Ministry of Territorial Administration and Decentralization;
Q This is shown in a table provided by him and on whose source he gives no indication:
Considering that in the context of the examination of his appeal, the Court, by letter No. 065 / P-CCM of 02 July 2018 has verified by the Minister of Territorial Administration and Decentralization the authenticity of the forms of support produced by the interested party for the regions of Sikasso, Segou, Mopti and Tombouctou;
That it is clear from letter no. 0108 / MATD-SG dated 03 July 2018 from the Minister that the forms of support presented by the candidate Ainéa Ibrahim CAMARA in the aforementioned regions do not appear anywhere in their registers of legalization and that the municipal councilors whose information appearing on the forms do not belong to the councils of the communes concerned;
Considering that if the said request is admissible for being introduced within the period prescribed by the law, the fact remains that his candidacy does not meet the requirements of article 149 of the electoral law, in particular for lack of valid support; That it must be dismissed definitively;
Considering that by application dated 1 July 2018 received the same day at 13.57 hours and registered in the Registry of the Constitutional Court under No. 48, Mr. Aliou DIALLO, under the pen of his counsels, Masters Famoussa KEÏTA, Bôh CISSE, Mahamadou TRAORE and Siriki Zana KONE, applied to the Constitutional Court for a rectification of material error in that his support, Cheick Tahara NIMAGA, MP, is elected in the electoral district of Nioro instead of that of Niono as mentioned in the Proclamation of the Provisional List of Candidates for Presidential Elections made by the Constitutional Court on 30 June2018;
Considering that the application was filed within the time limit appeal instituted by the said proclamation, that it should be received and granted,
Considering furthermore that in the proclamation of the provisional list of andidats to the election of the President of the Republic dated June 30, 2018, it is mentioned that Mrs Nana Jacqueline Marie, support of the candidate Ibrahim Boubacar KEITA on its list under the District of Bamako is deputy elected in the Commune IV of the District of Bamako whereas she was instead elected in Commune V;
Considering that this is a material error that should be corrected ex officio;
Considering that by request dated 30 June 2018 registered at No. 22 at 22:00 in the Registry of the Constitutional Court, Mr. Maliki IBRAHIM, a lawyer at the Court, acting on behalf of and for the account of the candidate Choguel Kokalla MAÏGA, requests from the Constitutional Court the retraction of the proclamation of June 30, 2018 in its provisions invalidating the application of this one on the grounds that its support for the region of Timbuktu, Azahara ATTAHER born December 31, 1978 in Diré, is not on the list off local councilors provided by the Ministry of Territorial Administration and Decentralization;
In support of his request, he produced the decision of the Prefect of the Circle No. 2018-024 / P-CD of 30 April 2018 de Diré attesting that Mrs. Azahara ATTAHER DICKO born on December 31st, 1978 in Diré, a shopkeeper, of the ADEMA-PASJ / MPR / CODEM / PE list of the Mali / MSR was appointed communal councilor to replace Mr. Abdoulaye Kouroukoye TOURE who had resigned; That it also produces a certificate of individuality dated June 30, 2018 of the Mayor of the Urban District of Diré attesting that Mrs. Azahara ATTAHER DICKO, born December 31, 1978 in Diré is the one and only person that Azahara ATTAHER, born on 31 December 1978;
Considering that the examination of the documents in the file reveals that the official list of municipal councilors provided by the Ministry of Territorial Administration and Decentralization has not been updated to take into account the replacement of Abdoulaye Kouroukoye TOURE councilor resigning, by Azahara Attaher DICKO, appointed by the prefect of the circle of Diré;
Considering that by request memory in validation of candidacy to the election of the President of the Republic (poll of July 29, 2018 ) on 1 July 2018, recorded the same day at 02 hours 54 minutes under No. 45 in the Registry of the Constitutional Court, Mr. M TAMINO TRAORE, candidate for the aforementioned election seeks validation of his candidacy on the grounds that Mr Sékou MINTA, is adviser of the Cercle de Barouéli as it appears from the list of the members of the council of Cercle signed by the Prefect of the Circle of this locality on 26 May 2009; In the alternative, he should add to the file the photocopy of the support form n ° 003029 from Mrs. Djénéba NIMAGA, communal councilor in the Municipality of Tamani, Cercle de Barouéli (Ségou Region);
Considering moreover that by petition in contestation of the proclamation of the provisional list of candidates for the election of the President of the Republic dated 1 July 2018 registered in the Registry of the Constitutional Court at 11:16 am under No. 46, Mr. Cheick Mohamed Abdoulaye Souad said Modibo DIARRA having for counsel Mamadou TRAORE and Sidiki DIARRA, all attorneys at the Court, stated that his support Soungalo KANOUTE, implicated, sits on the Council of Kayes Circle in his capacity as communal councilor elected in 2009 in the commune of Khouloum and that to date, no administrative or judicial decision has deprived him of this quality;
That the Minister of the Territorial Administration and the Decentra By means of a circular letter no. 000309 / MATD-SG of 24 April 2018 to all Regional Governors and the District of Bamako, all prefects, sub-prefects and mayors, specified that the elected municipal representatives of 2009 are authorized to sponsor the applications; That, moreover, he should include in the file a copy of the circular letter; That his good faith could not be questioned in that he already had in his possession before the expiry of the deadline for application,
The supports in the same region of the named Amadou Kinza DIOP, Boling
DEMBELE, Faguimba KEÏTA and Djibril DEMBELE delivered on 16 and 17 May
2018 by the competent administrative authorities of Kayes;
Considering that by application dated 1 July 2018 registered at the Registry of the Constitutional Court at 02.12 minutes under No. 44, Mr. Mountaga TALL, with acting proxy Mr. Mahamoudou TOURE and for counsels Maîtres Aîchata TALL DIARRA and Abdoulaye DRAME, all of the law firm Tallex, states:
That his candidacy was rejected in l state, on the grounds that the name of his support Oumar SIBY is not on the official list of councilors of the
Commune V of the District of Bamako; That in support of his request, he argues that the person is indeed communal councilor and better, Deputy Mayor of the main center of the City Council of Commune V District of Bamako as it appears from the documents and following documents:
a copy of his identity card with the stamp bearing the words: "Mayor of Commune V, main center, Deputy Mayor Oumar Siby"
two certificates dated 29 and 30 June 2018 respectively of Mr. Amadou OUATTARA, Mayor of Commune V and Abdrahamane TANGARA, Director of Cabinet of the Governor of the District of Bamako and the updated list of municipal councilors of the constituency of Commune V of Bamako District following stop no. 171 of 06 April 2017 of the Administrative Section of the Supreme Court, all proving his status as communal councilor;
Considering that by application dated 1 July 2018, registered in the Gref At 2:45 pm under the number 051, Hamadoun TOURE, by the organ of its counsel, Maître Mamadou SAMAKE, a lawyer at the Court, requests reconsideration of his application which was rejected on the grounds that his sponsors: Sory Ibrahima DOUMBIA, communal councilor in commune V of Bamako district, Ibrahima KEITA and Sidiki SOUNTOURA all communal councilors of Banamba would not appear on the official list of communal councilors while the support forms numbers 012059, 010567 and 010570 which had been respectively issued by the Administration do indeed mention their quality of communal councilors, which quality had been checked by it before any issuance of such documents;
That besides, the Administration had had again to control this same quality at the moment of their signature;
Of particular concern is the support of Sory Ibrahima DOUMBIA, her communal derive from the judgment of the Administrative Section of the Supreme Court of the Supreme Court Administrative Division No. 171 of April 6, 2017, and that the two others appear on the minutes of 2009 relating to the election of the Banamba Commune its representatives on the council of the said circle;
Considering that the applicant puts in support of his request copies of the aforementioned documents;
Considering that in accordance with the constitutional, legal and regulatory provisions referred to above, the deadline for the filing of nomination files was set for Thursday, June 28, 2018 at midnight;
That, apart from the supporting documents, no new exhibit is admissible;
Considering that it is up to the Court to verify the reality and sincerity applications to ensure compliance with the requirements of Article 149 of the Electoral Law, including the legalized signature of at least ten ( 10) deputies or five (5) elected representatives in each of the regions and in the District of Bamako; That, after examining the lists of support by candidate, the Court found the absence of certain support on the official list of municipal councilors provided by the Ministry of Territorial Administration and Decentralization; That it follows that elected municipal officials from the 2009 communal elections or drafted in favor of electoral disputes or replacement by the competent administrative authorities have not been found on the list referenced above; that the users of the Administration, not responsible for this dysfunction, could not suffer from it;
Considering that it results explicitly from the circular letter n ° 00309 / MATD-SG of April 24th, 2018 from the Minister of the Territorial Administration and Decentralization that the communal councilors including those whose mandate was extended by Law n ° 2015-047 of 07 December 2015 are authorized to sponsor candidatures;
Considering that the requests formulated on behalf of the candidates: Choguel Kokalla MAÏGA, Mamadou TRAORE, Cheick Mohamed Abdoulaye Souad said Modibo DIARRA, Mountaga TALL and Hamadoun TOURE above stated are admissible in the form to have been filed within the period prescribed by law; that it is necessary to accede to it and to declare their candidatures valid;
Considering that by request for the regularization of the declaration of candidacy dated July 1, 2018 recorded in the Registry under the n ° 47, Maître Amadou Tiéoulé DIARRA, agent of the candidate Harouna SANKARE explains that because of a defect on the name of Alimam MAÏGA, born December 31, 1967 in Garbakoïra in the Circle of Diré, communal advisor to the place of birth, this one was found on the official list under the name Alimam El MOCTAR; That this is actually a single person as evidenced by the certificate of individuality issued by the Mayor of Garbakoïra June 30, 2018, the statement of the electoral list from the biometric file and Decision No. 2018 -010 / P-CD of 19 March 2018 of the Prefect of Diré amending Decision No. 16-063 / P-CD of 22 November 2016 on the publication of the list of councilors elected on the occasion of the communal election of November 30, 2016;
Considering that of all the foregoing, it falls to declare the candidacy of Mr Harouna SANKARE valid;
Considering that Niankoro Yeah SAMAKE, by the organ of his council Maitre Cheick Oumar KONARE, lawyer to the Court has, by application dated 1 July 2018 registered in the Registry at 14 H 37 min under the number 049, requested by the Court the validation of its candidature on the grounds, on the one hand, that the extract of the bulletin n ° 3 of his criminal record was announced an irregular appointment without a legal basis, even though it bears the signature of the Ouélessebougou extended-scope justice of the peace, who has the dual capacity of President and Public Prosecutor within his jurisdiction; that on the other hand, Moussa TOGOLA, from the list of his supporters under the District of Bamako, would not appear on the official list of municipal councilors while he was elected in 2009 in Commune V and sits in this capacity at Counsel for the District of Bamako
Considering that on this last point, the circular letter n ° 00309 / MATD-SG of April 24, 2018 previously mentioned, sufficiently edits on the merits of his quality of councilor;
Recital that with regard to the irregularity of the criminal record, it appears from the Decree n ° 54-868 of the 02 September 1954 relating to the criminal record still applicable in Mali like written reason in its article 2 that if the service of the criminal record instituted near each court of first instance or justice of the peace with extended jurisdiction is headed by the chief clerk of the court, under the supervision of the public prosecutor or the justice of the peace However, it remains true that the said text in its article25 only makes the signature of the public prosecutor or the justice of the peace with extended jurisdiction compulsory; It follows that the criminal record as produced by the candidate is not likely to invalidate his application;
FOR THESE REASONS
Article 1: ] Said that MPs Cheick Tahara NIMAGA and Nana Jacqueline Marie support candidates Aliou DIALLO and Ibrahim Boubacar KEÏTA were elected respectively to Nioro and Commune V of the District of Bamako;
Article 2: Stops as follows the final list of candidates for the election of the President of the Republic whose first ballot is set for 29 July 2018:
1. Ibrahim Boubacar KEITA
2. Aliou DIALLO;
3. Choguel Kokalla MAIGA
4. Harouna SANKARE;
5. Housseini Amion GUINDO
6. Mamadou Oumar SIDIBE;
7. Soumaïla CISSE;
8. Dramane DEMBELE
9. Moussa Sinko COULIBALY;
10. Cheick Mohamed Abdoulaye Souad says Modibo DIARRA
11. Niankoro Yeah SAMAKE
12. Modibo KONE;
13. Daba DIAWARA;
14. Mamadou DIARRA
15. Mohamed Ali BATHILY;
16. Mamadou TRAORE;
17. Modibo SIDIBE;
18. Hamadoun TOURE;
19. Modibo KADJOKE;
20. Adama KANE
21. Kalfa Sanogo,
22. Madam Djénéba N'DIAYE
23. Oumar MARIKO
24. Mountaga TALL;
Article 3: Holds that the list of supporters for each candidate will be published as an appendix to this judgment.
Article 4: Holds that the present judgment will be notified to the Prime Minister, Head of Government, the National Committee of Equal Access to the State Media, candidates and published in the Official Gazette of the Republic of Mali.
Served in Bamako, July 4 two thousand and ten eight
Mrs Manassa DANIOKO President
Mrs Fatoumata DIALL, Councilor
Mr Mahamoudou BOIRE, Councilor
Mr Seydou Nourou KEITA, Councilor
Mr Modibo Tounty GUINDO, Councilor
Mr Zoumana Moussa CISSE, Counselor
Mr M'Pèrè DIARRA, Counselor
Mr Baya BERTHE, Counselor
Mr Bamassa SISSOKO, Counselor
With the assistance of Maître Abdoulaye M'BODGE, Chief Clerk./.
Suiven t illegible signatures
For Certified True Expiry Issued Before Registration
Bamako, 04 July 2018
THE CHIEF CLERK
Maître Abdoulaye M'BODGE
Knight of the National Order
Source: Bamada.net
[ad_2]
Source link
