[3] The National Observatory of Elections was created on 8 September 1997 by president Abdou Diouf, under Law 95-15, during the Third wave of democratization.

President Macky Sall named a new set of twelve members in November 2023, with Abdoulaye Sylla, a retired inspector-general as head, and Ndary Toure, a retired magistrate, as deputy head, under presidential decree.

[2] According to Radio France Internationale, the renewal was controversial because of a suspicion that it was a response to CENA being in favour of restoring opposition politician Ousmane Sonko to the electoral roll.

Law professor Babacar Gueye described the choice of the new twelve members as being done "unilaterally" and that the inclusion of two people who had been members of Sall's political party would put in doubt the integrity of CENA's decisions.

A legal request under administrative law was filed on 13 November 2023 calling for the decree to be annulled.