As expected, the debates of the SOFITEX file resumed, this Monday, January 23, 2023. The former DG Wilfred Yaméogo, Kinda Siméon, Seogo François, Koanda Boukary and Segda Vincent de Paul, all SOFITEX public officials appear to answer the facts abuse of office.
This is a case of irregular award of 68 public contracts worth more than 6 billion for the benefit of two companies SOCONITRA and SAMUEL TRAPING. The facts were committed from 2018 to 2021. The General Trade and Industry of Burkina (GECOMIB) felt victim of the award procedure. She decides to take legal action in January 2022 to shed light on this case. It is then in this dynamic that the public prosecutor’s office undertook to carry out investigations with a view to situating criminal responsibilities.
The file is then found before the economic and financial center of the TGI of Bobo-Dioulasso. Referred several times, the debates are finally closed this Monday, January 23, 2023. For questions of clarification on the procedure for awarding public contracts within SOFITEX, the court gives the floor to the former boss of SOFITEX. He reiterates that normal procedures have been followed during the seven years of his governance. “We have always done our best for the good management of SOFITEX. In 2020, we received checks from the Court of Auditors and the High Authority for State Control and the Fight against Corruption (ASCE/LC), but these structures did not reproach us for anything”, said Wilfried Yaméogo.
At the close of the debates, GECOMIB and RENLAC became civil parties.
GECOMIB claims to have suffered damages because of having irregularly awarded the 68 contracts. She says she also lost the chance to be awarded these so-called contracts. As reparations, requests the sum of more than 331 million CFA francs.
REN-LAC is claiming the sum of 500,000 CFA francs as compensation for the moral and financial damage suffered.
The prosecution considered that the evidence is sufficiently clear to impute the criminal responsibility of the five defendants. According to the prosecution, these defendants intentionally abused their functions to award a total of 68 public contracts to the two companies (SOCONITRA and SAMUEL TRAPING). Which of the contracts were awarded and executed in flagrant violation of the regulations relating to public procurement.
The Public Ministry continues by denouncing that SOFITEX is a company whose participation of the Burkinabè State amounts to more than 90%. And so it must be subject to the rules of public procurement. Also in its remarks, the prosecution says that there has never been a published plan for the award of public contracts annually. “As for the procedure applicable in the matter, there had not been an emergency situation”, adds the Public Ministry.
Requisitions of the prosecution: – 60 months including 24 months firm and a fine of 10 million F CFA firm against the former DG Wilfried Yamégo, Kinda Siméon and Seogo François.
Against Segda Vincent de Paul and Koanda Boukary, the prosecution demands that the court sentences them to 60 months, including 24 months, and a fine of 10 million CFA francs.
The lawyers for the defendants believe that SOFITEX should not be subject to the rule of public procurement, because it is a company governed by private law. “Our customers here present are only agents of the company. To this end, we believe that there has been no violation of the regulations relating to public procurement”. The same lawyers pleaded for the inadmissibility of the various claims of the two civil parties. They say their claims are not sufficiently substantiated.
After the lawyers’ argument, the court put the case under advisement on Monday, February 20, 2023.
Ben Alassane DAO
