The trial of the case of embezzlement of public funds at the Ministry of Humanitarian Action had its epilogue, on Tuesday, December 24, 2024, at the Ouaga I High Court. The four defendants received a prison sentence ranging from 6 to 15 years old.
The verdict in the case of the embezzlement of 3 billion CFA francs from the ministry in charge of humanitarian action was delivered its verdict, on Tuesday, December 24, 2024, to the Ouaga I High Court. The court, ruling publicly in correctional matters and first instance, declared the 4 defendants guilty of embezzlement of public funds. Consequently, he sentenced the main accused, Amidou Tiégnan, to a prison term of 15 years and a fine of 5.640 billion CFA francs, all firm.
The court also ordered the seizure of all movable and immovable property acquired with the embezzled funds.
As for Pétronille Tarpaga, the court sentenced her to 11 years in prison and a fine of 286.80 million CFA francs, all firm. Salifou Ouédraogo was sentenced to 8 years in prison and a fine of 347.675 million CFA francs, all firm. Philippe Bayoulou was sentenced to 6 years and a fine of 126 million.
On occasion, the court declared itself incompetent to hear the facts of forgery in public documents accused of the defendants. He rejected the objections of nullity and prescription raised by the defendants’ counsel as being ill-founded. Nevertheless, he said that the acts of illicit enrichment and the acts of embezzlement of public funds and complicity in the misappropriation of public funds of which the defendants are accused constitute punishable offenses.
The court recalled that the embezzled amounts are 1.88 billion FCFA in respect of Amidou Tiégnan, 95.360 million FCFA in respect of Pétronille Tarpaga Ouédraogo, 115.892 million FCFA in respect of Philippe Bayoulou and 42 million FCFA towards Salifou Ouédraogo. The Court also issued a committal warrant against Pétronille Tarpaga, while declaring its exclusion from the Burkinabè Orders incompetent.
Recognizing the constitution of civil party of the Burkinabè State and the REN-LAC,
the Court ordered the 4 defendants jointly and severally to pay them 1 symbolic franc for the moral damage suffered.
Also, he condemned them jointly and severally to pay the Burkinabè State the sum of
2.133,252 billion CFA francs.
Open avenues of appeal
The State’s judicial agent, Karfa Gnanou, defending the State in this trial, stressed that reclassifications had been made. But in the end, the offenses affecting public property were declared serious. “As for financial damage, we obtained approximately 2.133 billion CFA francs out of a total amount of 5 billion CFA francs claimed.
In terms of moral damage, we obtained the symbolic franc. Concerning the costs incurred for the defense of the State, we requested 10 million FCFA and the Court granted us 4 million FCFA,” he explained.
Karfa Gnanou affirmed that the broad outlines of their positions were followed.
But, after reporting to his superiors, he intends to examine the decision in detail. Then, depending on the attitude of the opposing party, we will decide how to proceed with the matter, he confided. “The Court gave 15 days to appeal. This provision applies to all parties to the trials,” he concluded. Counsel for the main accused, Maître Geneviève Ouédraogo, said she was satisfied with the decision rendered in terms of law. “Nevertheless, we intend to exploit the avenues of appeal that are open. But, we will first discuss it with our client and decide what action to take,” she confided. A satisfaction shared by the council of Salifou Ouédraogo, Maître Marie Ouédraogo. “From a legal point of view, we are satisfied with the verdict of the trial. But this satisfaction is not complete, because the quantum of the sentence remains quite high,” she clarified. And to specify that she will discuss with her client to see if there is reason to exploit the avenues of appeal, in this case the appeal against the decision.
Adam SAWADOGO