The Vice-President of the Constitutional Council of Senegal, Professor Ndiaw Diouf, reported Thursday in Dakar on the "multiplication of risks of conflict" linked to the existence in Africa of multitudes of courts claiming the capacity to enact rules. of law and to enforce them.

The different jurisdictions existing at the sub-regional and continental level can constitute risks of "conflicts between jurisdictions", he indicated during a tribute paid to him by the Faculty of Legal and Political Sciences of the University. Cheikh Anta Diop (UCAD) from Dakar. Professor Diouf, former dean of the said faculty, gave an inaugural lesson on the occasion of this solemn ceremony. “We have a multitude of jurisdictions in Africa. Sometimes we find in the same space the Court of Justice of the West African Monetary Union (UEMOA), that of the Economic Community of West African States (ECOWAS) , the Common Court of Justice and Arbitration and that of CEMAC'', the Economic and Monetary Community of Central Africa, he observed. "Each of these jurisdictions claims to enforce the rules produced by its system", he said, adding that it happens that on the same question, "several systems claim to lay down rules". "That is why there is this multiplication of risks of conflicts between these different jurisdictions. In all systems, there is a common law. When you take those [jurisdictions] of UEMOA, ECOWAS and CEMAC, there are directives that States are asked to respect and objectives to be achieved,” said Professor Diouf. point of view, "there are rules of law which are of immediate and direct application", argued the vice-president of the Constitutional Council of Senegal. "Due to the proximity of the objectives pursued by the various integration organizations, it is should not exclude the possibility of risks of a conflict of standards of different origin", alerted the lawyer. According to him, "differences" in particular "on the way of understanding certain legal rules". UEMOA number 6-97 of December 16, 1997 on the general regulations of public accounting, for example, stipulated that compensation could not be opposed to the State. However, he pointed out, "the Uniform Act on organization of certified appeal and enforcement procedures dit to quite the contrary. That is to say that we can oppose compensation to the State". "I am a debtor of the State which is suing me for the recovery of tax debts. Before the Court, I oppose to him the uniform act organizing collective procedures for the settlement of liabilities, by opposing compensation to him, but he will tell me the opposite by appealing to the WAEMU directive which says the opposite ", explained Professor Diouf.According to him, it is this kind of conflict that legal professionals are called upon to face within the framework of the current configuration of African jurisdictions.