After the suspension of Lawyer El Hadji Diouf last week, the Disciplinary Board of the Bar will meet on 28 February to rule on his case. While waiting for the future decision, this case raises many questions as we move towards the Sonko–Adji Sarr trial.
What will be the future of Lawyer El Hadji Diouf in the Bar? Suspended since Friday, the thunderous lawyer will face the Court of his peers on 28 February. It is on that day that the Disciplinary Board of the Bar Association will hear him. And, also, to seal his fate… What will be the verdict? For the moment, he seems to be on the wrong track.
Lawyer El Hadji Diouf finds himself in this situation because of his numerous media appearances in a case under investigation. But the management of the case also raises questions within the Bar. In the event of a prolonged suspension or more extreme measures, Adji Sarr finds herself without her main lawyer following her accusations against the leader of the Pastef party. Ousmane Sonko was brought before the criminal chamber by the Dean of investigating judges for alleged rape and death threats, after two years of investigation and political and judicial escalation.
Lawyers Bamba Cissé and Ciré Clédor Ly, members of the Bar Council
Since the outbreak of this case in 2021, Lawyer El Hadji Diouf has been the voice of the alleged victim, even if he is in a duo with Lawyer Abdou Dialy Kane. The latter has remained in the shadows, leaving all the light to his colleague. The latter was the first to stand up for the former masseuse of Sweet Beauty, forced to live in seclusion after her accusations on the former candidate for the 2019 presidential election who speaks of a political plot hatched by the power to liquidate him. In case of prolonged suspension or other more severe decisions, the whole strategy built by the « People‘s lawyer », who also paid a high price for his choice to defend Adji Sarr, may collapse. Even if the trial date is not yet set. Furthermore, the current composition of the Bar Council raises some questions. Two lawyers who sit on it are also defenders of the mayor of Ziguinchor, Ousmane Sonko. These are Lawyers Bamba Cissé and Ciré Clédor Ly.
Would there be an impact on the investigation of the case? Are they not judge and party in this case? For some, this will not be a concern. For others, there is too much weight on the scales. This should have allowed for a deferral of the decision. It should be noted that the disciplinary penalties are a warning, a reprimand, a temporary ban on practising which may not exceed three years, removal from the roll of lawyers or from the list of interns. According to Law No. 2009-25 of 8 July 2009 amending Law No. 84-09 of 4 January 1984, supplemented by Law No. 87-30 of 28 December 1987 on the Bar Association, temporary disqualification also entails deprivation of the right to be a member of the Bar Council for a period not exceeding ten years, as determined by the decision to hand down the penalty.
At a meeting last Tuesday, the Bar Council suspended Mr El Hadji Diouf for shortcomings, notably his « repeated » media outbursts on a case pending before the courts. The Council of the Bar took this decision on Tuesday, causing the postponement of several trials due to the absence of some lawyers retained at this meeting convened exceptionally that day.
The Council of the Bar, chaired by the President of the Bar, is composed of 18 members elected directly by the General Assembly from among lawyers with at least ten years’ seniority. Their term of office is two years. Half of the Council is renewed each year, in accordance with the rules of the Bar Association.
By Bocar SAKHO / bsakho@lequotidien.sn
