The extraordinary session of the economic and financial center (ECOFI) of the Bobo-Dioulasso criminal court opened on July 08, 2023. The file of the day, relating to the award of a contract for the acquisition of a drilling vehicle as well as its customs clearance for the benefit of the municipality of Banfora, involved four people.
They are “DN”, customs inspector and head of the automobile verification office, “LS”, CEO of Mondial Transpo SARL, “CI”, freight forwarder and “CA”, customs declarant. It all started with the purchase of a drilling vehicle for the benefit of the municipality of Banfora. To undertake the steps, a commission has been set up. This is how “LS”, CEO of the company “mondial Transpo SARL” will be contacted to place the order.
In the criteria for obtaining the contract, it was necessary to produce the documents which prove that the successful tenderer has already carried out a similar contract. Having never executed a contract of this kind, he produced false documents for a similar contract which he claims to have executed for the commune of Mopti (Republic of Mali). It was under these circumstances that the contract was awarded to him. “LS” questioned by the judge, said to have ordered the vehicle up to 105 million CFA francs. After the acquisition of the vehicle, it had to be cleared through customs. This will be entrusted to “CA”, a customs declarant, who offers to carry out the procedures at 10 million CFA francs. After discussions, he was given 9,500,000 CFA francs. In turn, he gives 7,500,000 CFA francs to “CI”, a professional freight forwarder so that he clears the vehicle. And the freight forwarder turned to the customs inspector “DN” and head of the automobile verification office at the time.
Arrived there, the price of customs clearance of the vehicle amounted to 28,000,000 FCFA. But during the operation, the price will be reduced to 4,500,000 F CFA instead of 28,000,000 F CFA. In addition, it emerged that after customs clearance, “CI” would have given the sum of 2,000,000 CFA francs, as a gift in compensation for the service rendered.
Following a denunciation by the National Anti-Corruption Network, Hauts-Bassins section (REN-LAC/Hauts-Bassins) dated December 31, 2021, the Bobo TGI prosecution will be seized of the case. He sued “DN” for acts of abuse of office and acceptance of undue gifts; “LS” for forgery and use of forgery in private writing and public order fraud. As for “CI” and “CA”, the prosecution accused them of the facts of false customs declaration and donation of undue gifts.
Prosecutor’s requisitions
After the debates, the prosecution considered that the facts of abuse of office and acceptance of undue gifts are constituted with regard to “DN”. For the prosecution, he intentionally abused his position as head of the automobile inspection office to reduce the price of customs clearance. Still according to the prosecution, the latter received an undue gift, in this case 2,000,000 CFA francs for service rendered. The prosecution presented the expert’s report on the real value of the vehicle.“The expert demonstrated that the vehicle was new at the time of customs clearance and that there was no question of declaring it as already used”. On this, the prosecution requested his sentence to 60 months including 12 months firm and 10 million firm fine.
Against “LS” manager of the company Mondial Transpo, the Public Ministry asks to declare him guilty of fraud in public order, forgery and use of forgery in private writing. According to the public prosecutor, he used a similar false market to benefit from the public order linked to the purchase of the drilling vehicle. He asked to sentence him to 18 months suspended prison sentence and a firm fine of 10 million CFA francs.
“CI”, freight forwarder and “CA” customs declarant are involved in the facts of false customs declaration and donation of undue gifts. The prosecution believes that the facts are established in their regard. Under the penalties, the prosecution asks the court to sentence them to 12 months in prison and a fine of 1 million CFA francs, all firm.
At the end of its requisitions, the prosecution set the legal constraint for payment of fines at 06 months in prison.
RENLAC, Hauts-Bassins section is claiming the sum of 500,000 CFA francs in damages for the moral and financial prejudice suffered in this case.
The verdict will be known on July 15, 2023, the day of another extraordinary hearing of the economic and financial pole.
Ben Alassane DAO
