"The consequence that the Court of Appeal should draw from this judgment of the Cedeo would be …"

Invited to the Rfm Grand Jury program by Mamadou Ibra Kane, Ucad criminal law professor Ndiack Fall, returned to the scope of the judgment of the Court of Justice of ECOWAS which , in his opinion "disrupts the whole process by which we have gone until reaching the Dakar Court of Appeal".

The decision of the Court of Justice of ECOWAS, he says, "she disavows the investigating judge who had in a way endorsed the irregularities of the proceedings" . Confirming what his colleague Ousseynou Samba said in SudFm, who believes that the new reasoning of Judge Demba Kandji should lead to the release of Khalifa Sall.

According to Professor Ndiack Fall, given that the Court of Justice of ECOWAS found the violation of procedural rules, it is an obligation of the judge of appeal, in this case Demba Kandji, to take into account in the verdict of Wednesday, July 18, 2018. And therefore, the decision of the investigating judge who had not raised any breaches of the procedure is over, or even out of date

"The decision itself is binding since irregularities have necessarily arisen. The appeal judge must take this into account. In other words, he can no longer rely on the decision that redacted those irregularities, finding that it did not affect the court of the proceedings … ", he suggested. 19659004] Continuing his reasoning, Mr. Fall states that as soon as the judge finds the violation of the procedural rules, it will follow the annihilation of the whole procedure. And therefore, the release of the mayor of Dakar, Khalifa Sall.

"In my opinion, when there are irregularities, especially those related to the failure to notify the person of the presence of a lawyer parliamentary immunity that has been violated, the fair trial, etc. These nullities are of such gravity that the appellate judge must take them into account. And when there are obvious irregularities, the sanction is the nullity of the procedure. The whole procedure goes down the drain, we have to start all over again. Cancellation is a retroactive annihilation factor. And if the appellate judge cancels this procedure, normally Khalifa Sall should be released "he says. While adding that the judge of appeal "may also not do so because it is up to him to decide."