Senegal’s political landscape entered a new legal phase this week as President Bassirou Diomaye Faye formally challenged the constitutionality of a recently adopted constitutional revision. The appeal, filed on July 6, 2026, with the Constitutional Council, alleges that the procedure used to pass the revision violated the country’s constitutional amendment rules.
Appeal Filed Under Urgent Procedure
According to the filing receipt issued by the registry of the Constitutional Council, the petition was registered at 11:40 a.m. on July 6 under number 6/C/26. The submission was made by Me Cheikh Ahmadou Ndiaye, a lawyer admitted to the Bar, acting on behalf of the Head of State. In his transmittal letter, President Faye requested that the appeal be examined on an urgent basis, invoking paragraph 5 of Article 17 of the organic law governing the Constitutional Council, which allows for a decision within eight days.
Disputed Law and Procedural Grounds
The challenge targets Law No. 18/2026, which was adopted by the National Assembly on June 29, 2026. The presidency argues that the process leading to its adoption was irregular and therefore unconstitutional. To support this claim, the case file includes sixteen documents submitted by the presidency. Among them are the text of the contested law, correspondence between the presidency and the National Assembly, the government’s amendments, the speech delivered by the Minister of Justice during the plenary session, and the minutes, video, and audio recordings of the parliamentary debates.
The file also contains several jurisprudence decisions, including a 1960 ruling by the French Constitutional Council and two earlier decisions by the Senegalese Constitutional Council, notably one handed down on February 15, 2024.
What Happens Next
This referral opens a new phase in the constitutional revision process. The Constitutional Council is now tasked with ruling on whether the adoption procedure for Law No. 18/2026 conforms to the Constitution. The urgent timeframe requested by the Head of State means a decision could come within days, potentially reshaping the political and legal trajectory of the revision.
The case underscores ongoing tensions between the executive and legislative branches over constitutional change in Senegal, and the outcome will be closely watched for its implications on governance and the rule of law.
