CONAKRY- In his battle to obtain « the truth from the ballot boxes », in the vote of October 18, former Prime Minister Cellou Dalein Diallo, left no details. He has just referred the matter to the Constitutional Court once again. The opponent introduced this Thursday, November 5, 20, a « request for an exception of unconstitutionality with means of in-conventionality ».
In the 11-page appeal consulted by Africaguinee.com, the leader of the UFDG (Union of Democratic Forces of Guinea) raises exceptions relating to the constitutionality and conventionality of the provisions of articles 47 and 48 of L/ 2011/06/CNT on the Creation, Organization and Functioning of the Constitutional Court. This, pursuant to Articles 96 paragraph 2 of the Constitution, and 21 of L/2011/06/CNT on the establishment, organization and functioning of the Constitutional Court.
With this request, the UFDG asks for a contradictory debate on the legal arguments developed by the parties and the means of proof provided, in accordance with the Constitution and international law. Thus, after presenting its arguments supported by legal provisions and citations, Cellou Dalein Diallo asks that the Court be allowed to hear his arguments:
▪ TAKE NOTE of the exception of unconstitutionality raised in challenge to the provisions of articles 47 and 48 of Organic Law L/2011/06/CNT on the creation, organization and functioning of the Constitutional Court ;
▪ DECLARE the petitioner admissible in his action;
▪ NOTE that the plea of unconstitutionality relates to legal provisions of procedure that are applicable to the proceedings pending before the Constitutional Court;
▪ NOTING the unconstitutionality of articles 47 and 48 of Organic Law No. L/ 2011/06/CNT on the creation, organization and functioning of the Constitutional Court, in so far as they infringe: the right to a court and the right to a fair trial, which are provided for and protected by the provisions of articles: o 13 and 31 of the Constitution of 22 March 2020;