Reprimand in the situation “Oumar Diawara versus the State of the Ivory Coastline”. The most up-to-date to day: the conclusion of the industrial court issued on 8 August 2022. The latter considers “the enchantment elevated by the corporation Air Côte d’Ivoire to be admissible and properly launched and the seizure of the sale of its A319 plane null and void” , brought by the entrepreneur Diawara Oumar on 5 August 2022 at the Maya Maya airport of Brazzaville.
Decision of justice
“A chilly shower,” in accordance to some observers. “No condemnation”, replies Oumar Diawara “because there was no judgment,” he specifies in a meeting he animated Saturday 13 August on the social community Twitter. “I was sentenced to pay back the prices because on Tuesday the industrial courtroom authorized the lifting of the aircraft (…). But on Tuesday you authorize the hijacking of a aircraft that left the Friday right before. I have not shed any lawsuits in Congo in which I have not been served, I was not existing, my lawyers have been not there “, defends the entrepreneur and implies that” politics required to make sure you politics, the aircraft still left they decided to go over up the political mistake ”.
More typically, the parts are locked in their place. Even if he suggests he is open to conciliation, the entrepreneur wishes to abide by the situation to the end.
Flashback
This circumstance precisely. It could have been a trivial subject of land from a genuine estate development viewpoint. Apart from that the volume of land granted to the entrepreneur was appreciably lessened when compared to the value paid.
Oumar Diawara notices this after the actuality. So he requires methods to individual the land he compensated for and in which he had then began investing. He complains. The basic supervisor of BNI Gestion, Sakandé Cissé Fatoumata, is even jailed for “embezzlement” to the detriment of Oumar Diawara. Sakandé Cissé will get bail just after shelling out a bail of 100 million CFA francs. Right now she is cost-free.
Shortly thereafter, Oumar Diawara learns of the opening to him, at the degree of preparatory instruction, by the choose of the 5th chamber, of a continuing beneath the pretext of complicity in the misuse of enterprise belongings and revenue laundering.
Devoid of waiting around, the decide in charge of the situation makes numerous choices, placing the residence of the latter sub-beneficiary, issuing an arrest warrant against him and freezing his personalized property, amid other steps.
Oumar Diawara appealed to the Court of Attraction and in individual to the prosecution chamber or the investigative chamber of second instance to get hold of the annulment of this proceeding. Sadly, “the file was by no means despatched to the Court of Enchantment, therefore hindering the strategies for internal attraction”, he remembers.
Oumar Diawara appealed to the Supreme Court of Abidjan to receive the resignation from the investigating judge. What is done. A sentence pronounced in plenary dismisses the choose. But he refuses to hand more than the file to the selected colleague. He also received a Supreme Courtroom purchase that allowed him to continue on the investigation.
bra de fer
The male decides to go to the ECOWAS Courtroom of Justice immediately after unsuccessful appeals ahead of countrywide courts.
At the conclusion of the virtual public listening to on October 22, 2021, the Court ruled in favor of Diawara and sentenced the Point out of Cote d’Ivoire to 1.250 billion FCFA to maintenance the violation of the rights of Oumar Diawara and 1 FCFA for non-pecuniary injury .
In straightforward French, “ECOWAS has made the decision in favor of Mr. Diawara. The final decision of the Widespread Courtroom of Justice cancels all the selections of the Ivorian countrywide courts in the context of the present scenario ”, specifies the lawyer of the individual involved.
For the entrepreneur, the blockade comes from the Ivorian authorities and the refusal to use the ECOWAS determination.
Notified, the Ivorian Point out has 3 months to object. In basic principle, he ought to just take all important steps to shell out the brings about of the sentence and restore his rights to Oumar Diawara. “The Ivorian Condition did not react within the terms and therefore did not oppose it and voluntarily acknowledged this sentence, which allowed the head of group justice to affix the executive formula to this sentence, which was not only definitive, but had also acquired the res judicata authority in the ECOWAS place “, increase his legal professionals.
For its element, the Ivorian justice reacts and decides and refuses to execute the final decision of the ECOWAS. On December 2, 2021, he uncovered Oumar Diawara guilty of “complicity in the misuse of organization belongings and revenue laundering”. He was sentenced to 20 years in jail, a fantastic of 50 billion CFA francs, 25 billion in damages, as nicely as the confiscation of his property and inadmissibility.
Court docket choice appeal
The entrepreneur submitted an attractiveness in the hope of implementing the ECOWAS ruling.
The businessman, who enjoys diplomatic status, decides to seize the belongings of the Ivorian point out. In aim: Air Côte d’Ivoire. “In this airline, the Ivorian state retains 57% of the shares,” describes Oumar Diawara when requested why he is stalking the enterprise. “I have nothing in opposition to Air Côte d’Ivoire”, he describes that due to the fact the Ivory Coastline State has intervened in the case by alleging that BNI Gestion is a corporation with monetary participation of the Condition. He also decides to seize all the belongings of the companies owned by the Point out of the Ivory Coastline. In addition to Air Côte d’Ivoire, other steps are getting taken.
I registered the accounts of the Ivory Coast with the BCEAO. Senegalese justice authorized the release with no undertaking justice. A decision he has resorted to. A simply call that suspends this raised hand. “The accounts are thus nonetheless blocked,” he explained throughout his convention.
To day, the crisis is bogged down. But for the entrepreneur, the blockade arrives from the Ivorian authorities and the refusal to implement the ECOWAS conclusion. «The only solution is compliance with the agreements. When a point out ratifies an arrangement, it decides to execute the decision. In this scenario, it is up to the Ivory Coastline to respect the ECOWAS courtroom final decision. A group court of which she is a signatory ”, concluded Oumar Diawara.
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