While former head of state Macky Sall is facing a proposed impeachment, the files of five of his former ministers have also been forwarded to the National Assembly's Investigative Commission, with a view to their referral to the High Court of Justice. Who are they?

The information was provided by the Attorney General at the Dakar Court of Appeal. Speaking to the press yesterday, Thursday, Mbacké Fall stated that the files of five former ministers "facing serious charges of embezzlement" had been forwarded to the National Assembly. The objective: their possible appearance before the High Court of Justice.

Indeed, the magistrate revealed that the use of the Court of Auditors' report, relating to the management of funds linked to the Covid-19 pandemic, highlighted "the involvement of certain people who held ministerial functions and who are facing serious charges of embezzlement."

For now, no names have been officially cited in this procedure. But prosecutor Mbacké Fall has provided some clues by specifying that the eight reports received concern the following ministries: Mines, Culture, Youth, Sports, Health, Women, Industry and SMEs, as well as Community Development, Social and Territorial Equity.

However, to date, only the cases of five ministers have been submitted to the National Assembly. "If the charges are sufficient, they will be referred to the High Court of Justice," he assured, specifying that the list is not exhaustive.

"The investigation is continuing and other ministers could be prosecuted," he added, noting that all ministers are answerable to the National Assembly's Investigation Commission and can be brought before the High Court of Justice.

Two ministers are already being investigated by the courts. They are Mansour Faye, who has officially received notification of his travel ban, and Moustapha Diop, a current MP whose parliamentary immunity was lifted several weeks ago. The latter is also named in another case related to the so-called "Tabaski Ngom" affair.

For the other three, no names have been formally released. However, the figures who led the ministries of Health, Sports, Culture, and Women and Family during the Covid-19 pandemic are in the crosshairs. These include their directors of the General Administration and Equipment (DAGE) who are currently facing prosecution for alleged embezzlement. Some have even been granted provisional release after depositing tens of millions of CFA francs.

Regarding former President Macky Sall, MP Guy Marius Sagna proposed that he be indicted so that he could be brought before the High Court of Justice.

High Court of Justice: how does it work?

According to Organic Law No. 2002-10 of February 22, 2002, which established it, the members of the High Court of Justice are installed one month after the establishment of the new National Assembly. The parliamentary members of this court were installed on December 2 and were elected on Saturday, December 28, during a plenary session.

This court, which enjoys a privileged jurisdiction, is competent to try the President of the Republic in cases of high treason, as well as members of the government accused of crimes or offenses committed in the exercise of their functions. It is presided over by the highest magistrate of the Senegalese judiciary, namely the First President of the Supreme Court, Mahamadou Mansour Mbaye. His deputy is the president of the Criminal Chamber of the same court. The High Court also includes eight full judges and their deputies, all deputies elected by their peers.

Even though judges take an oath upon their election before the National Assembly, they can be challenged if they are relatives or allies of the accused up to the sixth degree in the collateral line.

The public prosecutor is represented by the Attorney General at the Supreme Court, assisted by the First Advocate General.

An investigating commission at the High Court of Justice is also planned. It is chaired by the First President of the Dakar Court of Appeal, deputized by the President of the Indictment Division of the same court. The registry is provided by the Chief Registrar of the Supreme Court or, failing that, by the Registrar of the Criminal Division.

As a reminder, although provided for in the Senegalese Constitution since independence, the High Court of Justice has only sat once, in 1963, during the trial of former Prime Minister Mamadou Dia and four of his ministers, including Valdiodio Ndiaye. This trial, with strong political overtones, aimed to remove a rival of President Senghor. Mamadou Dia was sentenced to heavy sentences for attempted coup d'état. In 2005, Idrissa Seck was also targeted by this court in the Thiès construction site affair, but the proceedings were dismissed due to insufficient evidence.