There is no doubt that the political foundations have always existed in Senegal.
Indeed, Dakar has political funds in 1920, as the defense made the colonial archive documents, including Colonial FWA minutes of the Board in its meeting October 30, 1923 with the presence of the Mayor of Dakar successor Sergeant Jules Diagne and budgets of the 20s and 30s with political foundations and secret funds.
Today, the political foundations voted Dakar municipal council and the office is located in Chapter 313 of the mayor has 6490 on various charges.
Means, used for one-dimensional colonial Diagne Lamine Gueye, built in custom, they are stored in the independence of the President Senghor, granted Mayor Samba Gueye. They will be used in various forms to the Mayor Sally Khalifa Ababacar.
2 There is no doubt that political means are still in Senegal.
Decree number 2012-673 of 4 July 2012 annulment and replaced by the decree № 2004-1320 2004/09/30 regarding the nomenclature of the budget of the state, signed by the President Macky Sally fits in the budget range of the Senegalese head of political funds various expenses 6495 accounts.
In addition to these policy tools, otherwise known as special funds African solidarity fund social intervention fund, other transfers … estimated the total amount of 21 billion in the budget of the State of Senegal in 2018.
These funds are the National Assembly voted without discussion in the sections that are assigned to the various presidents, prime costs & # 39; -Minister National Assembly, HCCT, environmental and socio-economic council …
Their use is without justification, without any control, because no law or regulation that gives them political.
This is a custom inherited from the colonial era, as it constitutes one of the sources of law.
3 There is no doubt that a judicial officer of the state has no interest in acting
Section 102 of the Constitution and Article I of the law 2013-10 of the general code of local authorities to provide the city of Dakar person in public law, in the annex to article 175 CGCL allows the City Council to appoint another of its members to represent it in court
Nothing in the Decree № 70-1216 of 7 November 1970 on the establishment of the Agency and the state judicial decisions of his attribution Sun motivates interest in bringing AJE, the plaintiff break.
In addition, article 09 decree № 66-510 04 July 1966 so that the rate of capital expenditure financial regime of local government has the funds and support personnel income, by contrast, can not be used.
Articles 195 and 200 of the General Code of local authorities determine the operating income of the municipality. It is these revenues, down Dakar fund fully powered.
4- It is established that no embezzlement
Reform of 1996 was devoted to free local collective administration of the mayor of Dakar was not to justify the use of a note verbale to the supervisory authority.
From that moment it advice that suggests the use of funds by a vote of the administrative account.
Funds are regularly voted in the municipal council, approved by the prefect and the mayor issued after the mandate and the Accounting Chamber should have given Quietus demonstrates the proper use of budget of the city of Dakar in all the years concerned.
At the helm of the collectors were told that there was missing, there was no flight to want to find, like a thief?
Their use has been made in full compliance with the order number 00503 / MVD / SM / IAF on January 31, 2003 Dakar city municipality, which replaces Decree number 001 347 / VD / SG / DAF 15 April 2012, establishing a cash advance.
Dakar City Council in the settlement of 31 March 2017 has slowed down, "I solemnly sanctioned consciously, responsibly and without limitation, the mayor of Dakar, Khalifa Ababacar perform various costs included in service 313 in 6490 as tracked by the various administrative accounts belonging to him and consequently, declare our full responsibility in this matter. "
5- There is no doubt that there are no false
Cash advance with & # 39 is a mechanism of political spending of funds in the account and PV techniques there has never been malicious intent, because it is false to speak of must be a material element, a legal element or sub & # 39; objective. Recent always lacking in this case.
Further justify a posteriori does not cause separation, but the adjustment between the manager and accountant.
6 It is generally recognized that there is no conspiracy
Co-accused the mayor of Dakar except Ibrahim Touré collector were at their posts in the mayoral election Khalifa Sally Ababacar in 2009.
There has never been a meeting to set or change the political mechanism of disbursement of funds.
In addition, the Dakar agents were required to perform the tasks of their mission in accordance with Article 12 of the Law number 2011-08 of 30 March 2011 on the general status of local government officials have "officials of local governments taking part in the local administration and the implementation of local tasks power. Any officer of the local authorities, regardless of their rank in the hierarchy, is responsible for carrying out the tasks assigned to him. "
7. It is generally recognized that there is a scam
Both collectors said the bar that people deceived them, and that all payments were made in accordance with the rules.
Mandates have been designed to provide cash.
8 There is no doubt that no bleaching
The distribution of funds was made to gain political means nor the Mayor of Dakar, or the fund manager was safe in his office.
Mayor twice made his statement in a bar patron he gave all of its assets as of March 7th.
None of his co-accused nya nya benefit from this fund, none of his co-accused Sun abound.
9. It is recognized that there is no instruction
The survey was wearing for 21 days, a senior judge in accordance with Articles 72 and 73 of the Code of Criminal Procedure instructed to charge and discharge, conduct completely copied introductory presentation does not contain the word releasing the accused.
If the team was all done with the load, because in fact the witnesses requested by the defense counsel ignored, use an accountant was also ignored.
Thus, we can say that there is no instruction, as there is not an investigating judge in this case, since the organic law n ° 2017-10 of 17 January 2017 on the Status of Magistrates provides in Article 78 that a senior judge appointed by decree and with January 2017 is not an official journal number does not include the procedure for appointing Samba Sall as the senior judge.
10 This is from the & # 39; is common that they must be justified
Khalifa Ababacar with & # 39; is a member of the national assembly is protected by Article 61, paragraph 2 of the Constitution, because the parliamentary immunity is mandatory for all vessels in accordance with Articles 51 and 52 of the Organic Law on the Rules of the National Assembly procedures All his actions on cash withdrawal in accordance with its mission.
Mbaye Touré fund manager in advance can not be held responsible in accordance with Article 30 of the Decree № 2011-1880 of November 24, 2011 by the General Regulations of the Public Accounts. In addition, he & # 39 is an agent of the city of Dakar and as such restrictions of Article 12 of the Law number 2011-08 of 30 March 2011 on the general status of local government officials.
Amadou Diop Moctar Diaw Yatma Ibrahim and Yaya Bodian Signature PV accounts meet the accounting and disbursement of funds and policies as part of their mission and in full accordance with Article 12 of the Law number 2011-08 30 March 2011 on the general status of local government officials.
Fatou Traore she never signed bills for this period in 2011, hit by prescription.
Both collectors Mamadou Oumar Ibrahima Toure Bocoum and money spent in full compliance with the Decree number 00503 / MVD / SM / MAFOM on January 31, 2003 Dakar Municipality, which replaces Decree number 001 347 / VD / SG / DAF 15 April 2012, establishing a cash advance .
In addition to the French case law, including Nicolle decision of 12 July 1907, the State Council, put them harmless. (Nicolle paid Treasurer Department of Corsica in 1907).
11. Normally, the file is empty
If all documents unauthenticated copies in the annex to the missing 18 mandates, 30 million and 12 mandates in 2011 plummeted by prescription.
12. There is no doubt that the injuries were incurred by the defendants
The only harm in this case, six accused unjustly convicted of political liquidation of the venerable Deputy Mayor of Dakar Khalifa Abubakar Sally.
If there is a conspiracy in this case were gathered to prepare his political death put Caliph Ababacar.
Mr. Jackson Ngnie Kamga, dean of the College of Lawyers in Cameroon's lawyers, said: "This research is up or in the judicial history of the Senegalese political history of the Senegal. Show that makes the tribal considerations, rather than services. "
This process will be that possible crime because there was no justification for skipping all the defendants are required.