The leader of the Rally for Truth (RPV) and former minister of the Diomaye administration, Cheikh Oumar Diagne, appeared before the Dakar Magistrates’ Court charged with spreading fake news. At the conclusion of the proceedings, he was found guilty of the charges and sentenced to a fine of 500,000 CFA francs.
Diagne, who contested the charges, was arrested following statements he made during a television programme on SenTV concerning the death of student Abdoulaye Ba during demonstrations at Cheikh Anta Diop University (Ucad). During the programme, Diagne who is also a professor, claimed that “Prime Minister Ousmane Sonko gave the order to kill the student”.
In court, Cheikh Oumar Diagne recanted his statements. He explained that he was participating in the programme as a political figure to comment on current events. According to him, his statements referred to a speech by the prime minister in the National Assembly, during which he admitted to ordering the defence and security forces to enter the university grounds. “I meant that he indirectly gave the order that led to the student’s death,” he clarified. He added that in his opinion, the student died as a result of the intervention by the defence and security forces on campus. “I have great respect for institutions. I don’t think my remarks discredit them,” he maintained.
Continuing his explanation, Cheikh Oumar Diagne indicated that he simply wanted to emphasise the moral and political responsibility of the authority that gave the order to intervene. “The prime minister has admitted to giving this order.” “I wanted to say that we now know who gave it,” he declared, recalling that three years ago, several political figures claimed that the events at the university were taking place “behind President Macky Sall’s back”.
In his closing arguments, the public prosecutor asserted that the facts of disseminating false news were established. The public prosecutor requested a six-month suspended sentence and a fine of 500,000 CFA francs.
The defence, represented by lawyers Sayba Danfakha and Hosni Maati of the Paris Bar, argued for outright acquittal. Mr Danfakha relied on Article 255 of the Penal Code, maintaining that the statements in question did not constitute “news” as defined by law. According to him, the prosecution had not demonstrated that his client’s statements constituted false information. For his part, Mr Maati asserted that the statements made during the broadcast had been taken out of context, before citing a relevant legal precedent.
After deliberation, the court found Cheikh Oumar Diagne guilty of disseminating false news and sentenced him to a fine of 500,000 FCFA.
