[ad_1]
The Court of Appeal held its long-awaited deliberations against former Minister of Transport Vincent Dabilgou and several other defendants in a case involving corruption and misappropriation of public funds. The verdict was announced on Monday, August 26, 2024. The trial has captured the attention of Burkina Faso’s public opinion and symbolizes the country’s ongoing fight against corruption and economic crime.
Vincent T. Dabilgou, a major politician and chairman of the New Era of Democracy (NTD) party, has been charged, along with his co-accused, with a number of economic crimes, including illicit enrichment, embezzlement, money laundering and concealment of political party financing. The charges are part of a massive investigation by Burkina Faso’s judicial authorities to combat corruption, a scourge that is undermining the country’s economy.
The trial, which saw a heated debate between defense lawyers and prosecutors, revealed the scale of the money involved and the mechanism of misappropriation of public funds. After the trial, the court delivered a guilty verdict against the main defendant. However, the defense lawyers appealed, challenging several aspects of the initial verdict.
Also read: Vincent Dabilgou trial: Attorney General asks to overturn defendant’s illegal enrichment verdict
Vacate convictions for illicit enrichment
In this appeal, the Court first ruled on the admissibility of the appeal and on the invalidity objections raised by the defendants’ lawyers. The Court found the appeal admissible, as well as certain invalidity objections raised by Vincent Dabilgou and Minata Coulibaly’s lawyers. These exceptions specifically concerned the convictions for illicit enrichment and conspiracy to embezzle public funds (involving large amounts).
The exception filed by Vincent Dabilgou was accepted, thus quashing his conviction for illicit enrichment, a decision motivated by the violation of the principle of separation of prosecutorial and sentencing functions. On the other hand, the exception filed by Minata Coulibaly was dismissed as unfounded.
The lawyers of Jean-Gabriel Céré, former director of administration and finance at the Ministry of Transport, invoked the benefit of absolute excuse in the hope of obtaining a reduced sentence. However, this exception was rejected by the court as unfounded.
Transfer of litigation involving multiple defendants
The court then partially annulled the controversial verdict. Several defendants were dismissed from prosecution for crimes deemed unconstitutional. Vincent Dabilgou was initially charged with money laundering and secretly financing political parties, but was eventually acquitted.
Malik Kuanda, the former general manager of the National Railway Heritage Corporation, who was accused of conspiracy to embezzle public funds and secretly finance political parties, also benefited from the dismissal of the case due to insufficient evidence.
The charges against Alhoussaini W. Ouédraogo and Minata Coulibaly, who were accused of receiving stolen property and conspiracy to embezzle public funds, were also dismissed. The court ruled that the charges were insufficient.
Maintain the original verdict
Despite dropping some charges, the court confirmed the defendant’s conviction. Vincent Dabilgou was sentenced to 11 years’ imprisonment (six of which) and a fine of 3,175,858,462 CFA francs. This conviction for embezzlement of public funds and corruption illustrates the seriousness of the facts charged against the former minister, given the damage done to the State.
Ousmane Sigué and Malick Kouanda were sentenced to nine years’ imprisonment, including four years, and strict fines of 395,106,384 and 308,700,000 CFA francs respectively. Their convictions confirmed their involvement in the misappropriation of public funds.
Suspension of NTD and confiscation of property
In addition to his personal convictions, Vincent Dabirgu’s political party, the New Era of Democracy (NTD), was also sanctioned. The court ordered NTD to suspend all political activities for five years.
In the crackdown, the court also ordered the confiscation of movable and immovable property of Jean Gabriel Séré, Ousmane Sigué, Vincent Dabilgou and Malick Kouanda up to the amount embezzled. This measure aims to recover some of the public funds stolen by the defendants.
As far as the civil party is concerned, the Constitution of the Burkina Faso State was found to be acceptable but lacking in basis and was therefore rejected. However, the statutes of the civil party of the National Anti-Corruption Network (RENLAC) were found to be well-founded. The Court jointly ordered Vincent Dabilgou, Jean Gabriel Séré, Ousmane Sigué, Malick Kouanda and NTD to pay 3 million CFA francs to RENLAC to cover the costs incurred.
Hamid Nanema
Lefaso.com
[ad_2]
Source link
