• We damage our vessel of more than 2 billion CFA francs of goods at the port of Lomé
• And we will give him 6,120,000 CFA F as compensation,
• The head of Adam Solaire is then in charge of the Burkinabè authorities
The affair started innocently before it quickly turned into a nightmare for the Burkinabè economic operator. Against the judicial, diplomatic and even political doors that have been closed before, Nonraogo Adama Sawadogo launched, on Wednesday August 28, 2024, a cry from the heart to the Burkinabè authorities to come to his aid.
It all started on July 25, 2019 when the ship carrying solar batteries and hybrid inverters was damaged at Port Lomé (Togo). The Bolloré Group, which has today transferred its shares to African Global Logistic (AGL), and its subsidiary Togo Terminal SA undertake to repair the damage suffered . Knowledge is made at the request of both companies. The results show that only 11 batteries were damaged and the value is estimated at 17 million CFA francs. Not satisfied with these decisions, the Burkinabè economic operator enlists the services of a Beninese expert whose conclusion is clear: “the contents of the vessel are damaged”.
Two expert opinions, different conclusions. The parties then decide to go to Togolese justice to rule on the law. A third experience is commissioned by Togolese judges at the expense of both parties. The latter concludes that “equipment packaging is damaged and needs to be replaced to make it more presentable to potential customers”. Togo Terminal SA asked for an amicable settlement but it was not necessary. “Then, she (editor’s note, Togo Terminal SA) sent me a second letter in which she promised to guarantee all the goods for two years with her insurer and to pay for batteries it was visually damaged. Given the Lomé-Ouaga distance, we rejected this proposal,” explained the Economic Operator. After the Burkinabe party refused, Togo Terminal SA requested the commercial invoice. “Then I took out all the invoices that amounted to 2 billion 127 million CFA francs,” explained the businessman. The case took another turn when Nonraogo Adama Sawadogo was told by his counsel that all his claims had been rejected by the Togolese justice system. And for the damage suffered, justice condemns Togo Terminal SA to pay the sum of 80,000 CFA francs to a Burkinabe economic operator. “What is funny is that the justice ordered Togo Terminal SA to pay 1 million CFA francs to MAERSK LINE (the transport company) for the loss of income from their empty vessel, ” laments Nonraogo Adama Sawadogo. The legal race continues on appeal from 2021 to 2023. The Burkinabè businessman, abandoned by his lawyers, retains the services of counsel Justice, this time, condemns Togo Terminal SA to pay 6,120,000 francs for the 612 damaged batteries, or 10,000 CFA francs per battery the cargo. Worse, it doesn’t even cover the experience that cost me 13 million CFA francs. What is still a disappointment and a regret in this case, how do you understand that we refused the proposal from Togo Terminal SA which, after the results of its expert, was ready to pay us 17 million CFA francs for 11 damaged batteries and that the Togolese justice asks, after much struggle, 6,120,000 CDA francs to pay us for 612 damaged batteries? ”, mocking the head of “Adam Solaire”. According to the businessman, the Togolese justice system calculated the damage based on the sender’s declarations. Which is different from the actual value of the load. With this “situation of injustice” that becomes a dead end, Nonraogo Adama Sawadogo relies on the authorities to solve his problem. “I knocked on almost every door in Burkina Faso and Togo to solve the problem. But obviously, when it comes to the Bolloré Group, nobody really wants to help me. That is why, today I am asking the President of Faso, Captain Ibrahim Traoré, to come to my aid,” said the economic operator who could not hold back his tears when he spoke about the court’s decision in the case that lasts 5 years now. A cassation appeal was filed by the Burkinabe businessman. It also does not exclude the possibility of going to the Economic Union and West African Monetary Union (UEMOA) to recover its rights. This matter publicly raises situations experienced by other economic operators in nearby or distant countries that deserve special attention. from the government.
Issa Sawadogo (Partner)
