“There are two reasons preventing former Prime Minister Ousmane Sonko from returning to the National Assembly,” according to Alioune Souaré, a specialist in parliamentary affairs. In an analysis entitled “Sonko: The Loss of His Parliamentary Mandate!”, the expert first cited legal texts, notably Article 54 of the Constitution, Article LO 175 of the Electoral Code, and Article 132 of the Rules of Procedure of the National Assembly (RIAN).
Regarding these provisions, he recalled the wording of Article 54 of the Constitution: “Membership in the government is incompatible with a parliamentary mandate and any paid public or private professional activity. The implementing procedures for this article are established by an organic law.”
What exactly does this organic law say? Alioune Souaré highlighted the contribution of Article LO 175 of the Electoral Code: “A member of parliament who, at the time of their election, finds themselves in one of the situations of incompatibility stipulated by the organic law governing the internal regulations of the National Assembly, is required to comply with the procedure established for this purpose.”
Regarding the conduct of this procedure, he referred to Article 132 of the Internal Regulations of the National Assembly: “A member of parliament who, at the time of their election, finds themselves in one of the situations of incompatibility stipulated in the preceding chapter, is required to establish, within eight days of taking office, that they have resigned from any position incompatible with their mandate.”
What should we conclude from a combined reading of these different articles? According to Alioune Souaré, “the texts nowhere indicates a request for suspension of the mandate. The term is not mentioned in any of the provisions of the aforementioned laws.” What remains clear is the resignation of Ousmane Sonko, which took effect on 2nd December, 2024, the day the 15th legislature was installed.
Secondly, the parliamentary affairs specialist raises an obstacle related to the principle of non-retroactivity of laws. He cited Organic Law 2025-11 of August 18th, 2025, concerning the internal regulations of the National Assembly, which came into force on 27th August, 2025. “Article 124 of this law provides for the reinstatement of members of parliament appointed to the government upon the cessation of their ministerial duties,” he explained. However, the expert is categorical: “This does not apply to Ousmane Sonko, who submitted his resignation letter in due form on 2nd December, 2024.”
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