La CONAI toujours pas installée, un an après son adoption : « Un blocage juridique concret », selon El Amath Thiam
Justice Without Borders (JSF) calls on the Head of State, Bassirou Diomaye Diakhar Faye, regarding the failure to establish the National Commission for Access to Information (CONAI), nearly a year after the adoption of the law that created it, denouncing an institutional void that deprives citizens of any effective access to administrative information "including on 'political funds'".
“Law No. 2025-15 of September 4, 2025, created the National Commission for Access to Information (CONAI), an administrative body attached to the Prime Minister’s Office, tasked with guaranteeing citizens access to administrative information of public interest. Nearly one (1) year later, this Commission is still not in place: neither its President nor its twelve (12) members have been appointed,” stated the President of JSF on August 3, in a press release.
He pointed to a concrete procedural obstacle. "This is a concrete legal blockage. Article 29, paragraph 2, of the law, as well as Article 33 of implementing decree No. 2025-1837, mandate prior referral to CONAL before any legal action in cases of refusal to provide information to public officials or those subject to the law (Presidency, National Assembly, Government, and the Courts and Tribunals). As long as CONAL does not exist, this mandatory step is impossible to complete: No legal recourse can succeed," he explained.
Justice Without Borders emphasizes that this institutional vacuum has concrete consequences for current events, preventing citizens, journalists, and civil society actors from obtaining information on the "secret funds" allocated in the state budget for the benefit of the President of the Republic and former Prime Minister Ousmane Sonko during his tenure. It is also worth noting that the Supreme Court, in its Order No. 11/2026 of April 16, 2026, rejected the request of former judge turned lawyer, Ibrahima Démé, who sought disclosure of the exact amount of these funds for 2025 and 2026. This rejection was based solely on procedural grounds, without any examination of the merits of the case.
The organization solemnly calls upon the President of the Republic to proceed, as soon as possible, with the appointment of the members of CONAI, to make its permanent secretariat operational, and finally to guarantee citizens genuine access to information on the management of public funds. For Justice Without Borders, without a functioning CONAI, the transparency promised by the law remains, in its words, "a soulless text."
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