In its decision of August 26, 2024, the Court of Appeal of Ouagadougou sentenced Mr. Vincent Dabilgou, former Minister of Transport, Urban Mobility and Road Safety, to 11 years in prison, including 6 solid years and a strong fine of 3,375,858,462 F CFA. The latter and several other natural and legal persons, including its Director of Financial Affairs (DAF), Jean Gabriel Séré, were charged with embezzlement of public funds, involvement in the embezzlement of funds public, secret financing of a political party, participation in secret financing. of a political party, forgery and the practice of forgery in private commercial writing, complicity in the practice of forgery, abuse of office, illicit enrichment and money laundering.
The issue goes back to the linked elections (presidential and legislative) in November 2020 where the party New Time for Democracy (NTD) and several of its activists found themselves in High scenes – Ziniaré court (TGI) for electoral fraud and corruption. At the time, as a result of the prosecution of this jurisdiction, Mr. Jean Gabriel Séré, a member of the NTD and Director of Financial Affairs (DAF) at the Ministry of Transport, Urban Mobility and Road Safety, was charged with witness tampering. MTMUSR).
This lawsuit causes a refusal to the prosecutor’s office of the TGI Ouaga I, for the application of public funds at the MTMUSR for the purposes of an election campaign. The investigation of this new case is the responsibility of the Higher Authority for State Control and the Fight against Corruption (ASCE-LC). Initially considered as a witness, Mr. Dabilgou, President of the NTD, became a defendant, after the investigation.
Dabilgou denies the facts, witnesses take the opposite view
After the file was submitted by the prosecutor’s office TGI Ouaga I for judgment, the REN-LAC indicates that it will enter the procedure by being a civil party. The trial will begin on February 16, 2023. At the TGI correctional chamber judges bar Vincent Dabilgou and 7 others including three public officials, a legal person and three people from the private sector. They are Jean Gabriel Séré (DAF at MTMUSR), Ousmane Sigué (stock accountant at MTMUSR), Malick Koanda (director of SOPAFER-B and campaign director of Vincent Dabilgou), the NTD (party of Mr. Vincent Dabilgou), Yassya Sawadogo (Chair Green Energy Board of Directors), Minata Coulibaly (Green Energy sales manager) and Alhousseni Waneltigré Ouédraogo (former CFO of Ildo Oil).
The 8 defendants are charged with misappropriation of public funds, pride in investing public funds, hidden financing of a political party, participation in the hidden financing of a political party, conspiracy and practice of forgery in private commercial writing, com- involved in racketeering, abuse of office, illicit wealth and money laundering.
While Mr. Dabilgou denies the truth during the trial, the various witnesses who took the stand, including those from the defense, he named, take another view. It emerges from the debates that the MTMUSR and some of its structures such as SOPAFER-B entered into contracts aimed at providing money for fraudulent construction, especially fuel.
Seven out of eight defendants were eventually convicted in the first instance of abuse of office, misuse of public property, illegal enrichment, involvement in the misuse of public funds and illicit wealth, hidden political party finance, receiving stolen property and money laundering.
The main person concerned, Vincent Dabilgou, receives a prison sentence of 11 years including 7 years and a fine of 3,375,858,462 CFA francs. His DAF, Jean Gabriel Séré, will serve 6 years in prison, including 3 years and a fine of 3,375,858,462 F CFA. Ousmane Sigué, Malick Koanda and Alhousseni Waneltigré Ouédraogo are receiving 11 years in prison, including 4 years, 5 years and 2 years respectively. The first one receives a strong fine of 395,106,384 F CFA, the second a strong fine of 2,460,868,092 F CFA and the third a strong fine of 269,746,092 F CFA. Minata Coulibaly has a 4 year prison sentence suspended. However, she faces a hefty fine of 10,000,000 CFA francs. Only Yassya Sawadogo, who was charged with fraud and involvement in public funds, was acquitted with the benefit of the doubt.
The NTD, Mr. Dabilgou’s party, sees his political activities suspended, as well as receiving a hefty fine of 10,000,000 CFA francs. In addition, a ban on the exercise of eligibility rights for a period of 5 years has been announced against Vincent Dabilgou, Jean Gabriel Séré, Ousmane Sigué and Malick Koanda. The court orders the transfer of their movable and immovable property to the amounts that were misused, ie 1,125,286,154 CFA francs for the benefit of the Treasury. All defendants are ordered to pay REN-LAC the sum of 3,000,000 F CFA for damages plus 3,000,000 F CFA for costs incurred and not included to the costs. In addition, they must pay the sum of 1,125,286,154 F CFAfor damages, 5,000,000 F CFA as compensation for moral damages and 5,000,000 F CFA for costs incurred and not incurred into the costs. The chamber of correction orders the temporary execution of a civil sentence and sets the maximum legal sanction.
A slight reduction in penalties
The defendants appeal and the case is judged again at a special session of the criminal chamber of the Ouagadougou Court of Appeal on July 22, 23 and 24, 2024. On August 26, the Court of Appeal plea confirming the guilt of Vincent Dabilgou, Jean Gabriel Séré, Ousmane Sigué, Malick Koanda and the NTD, but they revise their sentences down a bit. Therefore, Vincent Dabilgou is currently sentenced to 11 years in prison including 6 years instead of 7 years and receives the same fine. Ousmane Sigué and Malick Koanda got away with a prison sentence of 9 years, including 4 years each. The first receives a hefty fine of 395,106,384 F CFA and the second receives a hefty fine of 308,700,000 F CFA. For his part, Jean Gabriel Séré believed that his collaboration with the prosecution gave him the right to an independent apology. The absent apology is a measure that allows a repentant offender to benefit from a suspension if the latter, before the proceedings begin, reveals the truth to an administrative, judicial authority or to the relevant authorities, which ‘allow them to identify the people involved. But the appeal judge considers otherwise and rejects the exception. As a result, his sentence remains the same. As for the NTD, its activities have been suspended again for 5 years. The judge finally orders the defendants’ property to be forfeited up to the amount of the forfeited amounts. As for Alhousseni Waneltigré Ouédraogo and Minata Coulibaly, who were found guilty in the first instance, they are directly and simply dismissed from charges for unfounded crimes. The Court also rejects the constitution of the civil party of the State of Burkinabè. On the other hand, it accepts that of REN-LAC, declaring that it has a good basis and orders the defendants to pay the amount of 3,000,000 to the Network for the costs incurred and not taken a – included in the costs. All other provisions of the judgment appealed from are affirmed.
Rulers must be examples of virtue
This case confirms the results of the REN-LAC report on the monitoring of electoral fraud and corruption in the connected elections on November 22, 2020, which concluded that money played a decisive role in the outcome of the election. For example, the NTD, which received three deputies in the November 2015 elections, became the third political force in the National Assembly after the 2020 elections with 13 deputies. This party was among the parties and political groups named by observers for using electoral corruption. Cash distribution (50%) and donations in kind (28.6%) were the main activities. So this trial was a golden opportunity to expose the way politicians or leaders use tax payers money to enrich themselves illegally and get elected in elections. That is why the fight against corruption remains an essential element for the political stability and economic and social development of our country. We must ensure that all those who are responsible for the future of the country or who aim to be examples of virtue, so that the management of state power respects the rules of good governance. If not, those involved in corruption and mismanagement must be punished accordingly. Moreover, the actual holding of this experiment shows that the detection of white-collar criminals can make significant progress as long as we are more committed to fighting together to ensure good morality and good management of its ‘ business. This is how we can establish healthy governance, bringing qualitative changes to people’s lives.
