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My Wraith Clédor Ly and Ousseynou Fall believe that the constitution of the Judicial Agent must be declared inadmissible by the Court of Appeal of Dakar. "The judicial officer can not justify his constitution of civil party.The city of Dakar has its own patrimony.It has a financial autonomy and is freely administered", information Me Ly.
According to him, "the state has no quality or interest in acting". The presence of the State in this trial is, he says, a break in the principle of a fair trial. If one believes the council, the municipality of Dakar "enjoys, by its statute, a legal personality that allows him to go to court".
The solicitor therefore asked the Court not to join the merits of his claim, that is to say, that the trial continues and that the Court grant – or not – their application before opening the substantive debates …
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