Independent analysts emphasize the importance of transparent legal processes in maintaining investor confidence and adherence to international commitments.
Los Angeles – Legal experts and independent observers are raising serious concerns over the ongoing detention and judicial treatment of Senegalese businessman Khadim Ba, citing repeated irregularities in due process and disregard for statutory legal safeguards.
Khadim Ba, a Non-Executive Director at DerMond Oil & Gas
Despite Senegalese President Bassirou Diomaye Faye’s recent statement at the White House encouraging international investment in Senegal on the basis of a “strong regulatory framework,” the handling of Mr. Ba’s case stands in contrast to those assurances.
According to Mr. Ba’s legal counsel and documented court records:
- He was denied access to his lawyers during interrogations and pressured to sign a confession. In the official record summaries, Mr. Ba explicitly wrote: “My right to legal counsel has been violated, as has my right to prepare my defense. I challenge all the alleged offenses and the manner in which this investigation has been conducted. I have the fundamental right to prepare my defense against accusations.”
- Independent experts appointed by the court have since raised questions about the accusations underlying the customs proceedings.
- His first hearing occurred only eight months after his detention, in violation of internationally recognized fair trial standards.
- Requests for provisional release have been systematically denied, often on the grounds that the Customs Code requires judges to consider Customs Officers’ reports as true until proven otherwise — even when contradicted by the judges’ own expert findings.
- A motion to annul the customs proceedings has been pending for weeks beyond the statutory deadline, with no hearing date set.
- The most recent request for provisional release was denied, and although Mr. Ba’s lawyers immediately lodged an appeal following the judge’s oral declaration, the written ruling was only made available weeks later. This delay severely undermined their ability to organise his defence in a timely and effective manner.
Observers further note that Mr. Ba’s case is unfolding against a wider backdrop of judicial crackdowns in Senegal. Beyond businessmen, journalists, and former ministers perceived to be close to the previous administration, authorities have increasingly targeted individuals who publicly criticise government actions or members of the ruling administration.
Recently, a political commentator was detained after making remarks on a judicial decision involving senior government officials. Rights monitors argue that such developments raise serious concerns of political motivation and a shrinking space for free expression in Senegal.
This trend has been described by international analysts as a form of “judicial retaliation,” raising alarms not only for its domestic implications but also for Senegal’s standing as a reliable partner for international investment and cooperation.
Independent observers and rights analysts stress that the irregularities in Mr. Ba’s case — including prolonged pre-trial detention, limited access to legal counsel, delays in providing judicial rulings, and systematic refusal of provisional release — appear inconsistent with Senegal’s commitments under international law.
Senegal is a signatory to the African Charter on Human and Peoples’ Rights as well as the International Covenant on Civil and Political Rights (ICCPR), both of which guarantee the right to a fair trial, legal assistance, and protection against arbitrary detention. Analysts warn that the handling of this case risks undermining Senegal’s international reputation as a state that upholds the rule of law.
Independent legal analysts stress that these developments not only erode confidence in Senegal’s judiciary but also jeopardize the government’s stated ambition to position the country as a secure destination for foreign investment. Investors and international institutions expect a transparent and impartial legal framework, free from political interference.
The case of Khadim Ba, they argue, has become emblematic of a deeper systemic issue — one that could have lasting implications for Senegal’s credibility on the international stage if not urgently addressed.
Media Contact:
Phindile Nxumalo
Communications Director, RESTORE Worldwide Inc.
+27 71 787 7002