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Makoye Sissoko, former general manager of AZI-SA and the main defendant in the case, faces 5 years in prison and must pay a fine of 500,000 FCFA to compensate for the moral and material damages suffered by Azi-H. Aissatoun Mahamane Tour and Mariam Sangar received 5 years suspended sentences and a fine of 250,000 FCFA. As for Madina Coulibaly, she was sentenced in absentia to life imprisonment. Yacouba Traor and Alpha Macky Tall were acquitted for lack of evidence.
Return to the video of the facts alleged against the defendant
On December 24, 2019, Maître Abdourhamane Boubacar MAGA, a lawyer registered with the Malian Bar, filed a public prosecution in the High Court on behalf of and on behalf of the Agency for the Development and Management of Industrial Areas (AZI-SA) against X in the Third Commune of the Bamako region, responsible for the economic and financial centre, for damage to public property, theft of private sector property and misuse of company property.
Therefore, the Malian State, represented by the National Land and Cadastre Agency, reread on February 20, 2016 the mandate of July 25, 2002, and entrusted on May 31, 2018 the Management of Industrial Areas to the Planning and Land Agency (AZI-SA), with a dedicated public service mission that includes the development of all industrial areas in the Republic of Mali, the placement of industrialists there and their management on behalf of the State;
AZI-SA will therefore offer its clients land located in the Dialakorobougou Industrial Zone. In order to achieve the various sales, the agency draws up reservation forms and sales commitments for the benefit of its clients, allowing them to fulfill the service costs and sales prices of the plots.
Initially, payments were deposited directly into AZI-SA accounts held at local financial institutions or institutional finance departments. Strangely, from August 23, 2009, unhealthy practices were introduced that led to customers bypassing the services of banks and finance departments and paying cash to the sales department.
When questioned, these clients claimed that they were approached for this purpose by agents of the agency’s commercial department, on the grounds that the company’s account might have been seized and that they would be responsible for returning the money to the agency’s account. In fact, the participants in this practice had successfully provided false receipts with AZI-SA letterhead to clients who had not cleared customs. These practices would have caused the agency to lose a total of 545,269,168) CFA francs. Makoye Sissoko is accused of misappropriating this amount.
The investigation launched by the Bamako Economic and Financial Centre Brigade immediately after the seizure of the document revealed a multifaceted attack on the property and interests of the company AZI-SA. In particular, funds deposited by customers in the AZI-SA cash registers were not fully or partially reimbursed during the company’s internal payment procedures. These unhealthy practices caused the institution to suffer huge losses estimated at more than one billion (1,000,000,000) CFA francs.
In court, the arguments put forward by Makoye Sissoko could not stand up, as it was clear from the various testimony reports of witnesses, especially those of Modibo Diallo, the chief accountant of AZI-SA, and Mariam KEITA, who believed that it was Makoye Sissoko himself who took the initiative to attach the cash register to the sales department. According to the witnesses who appeared in court, all the problems were caused by this measure.
It is clear from the record of the interrogation of the commercial agent of AZI-SA that it was Makoye SISSOKO who, in her capacity as director of the agency at the time of the fact, had them do this, not only without giving them the corresponding amount of the reply to be returned to the service accountant, but she also had them fill in the booking form by reducing the price paid by the customer. Modibo DIALLO, the chief accountant of the company AZI-SA, testified to the examining magistrate that, among other things, as part of the sale to the company Aminata KONATE, Makoye SISSOKO received 25,000 FCFA which she did not deign to repay to the accounting department. Even worse, in the case of the client Soumala SYLLA, she received an amount of 75,000,000 FCFA, but she only paid 62,500,000 FCFA to the accounting department. Therefore, the Minister of Public Affairs believes that there is reason to retain these facts as sufficient charges against her.
During the initial investigation and testifying in court, Yacouba Traoré and Alpha Makki Tal categorically denied the facts against which they were accused, but were acquitted due to insufficient evidence. Aissatoun Mahamane Tour and Mariam Sangar also refuted their allegations at the bar, placing the blame on Makoye Sissoko, who was then the general manager of AZI-sa.
The prosecutor’s office asked the court in a firm tone to impose heavy sentences on the defendants, and the president of the court and the advisors must learn a lesson from these actions and impose severe sanctions on them. The prosecutor made it clear that this would serve as a lesson for them and others.
Makoye Sissoko’s lawyer was outraged by these comments by the prosecutor, who responded: “On the basis of what text does the prosecutor ask for such sanctions against my client, when we have no evidence against him?”
AZI-SA lawyers are seeking damages of 2 billion CFA francs from the defendants. As for the state lawsuit, it demands the reimbursement of the 545,269,168 francs embezzled by Makoye Sissoko and insists that LAZI-SA is currently facing more than 200 legal proceedings.
After long and tense arguments, the court dismissed the state lawsuit and the requests of AZI-SA lawyers.
Bamako Mateen
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