The trial of embezzlement at the Ministry of Humanitarian Action and Solidarity resumed yesterday, Tuesday, December 3, 2024, at the Ouaga I High Court. The judges ordered the defendant, Amidou Tiégnan, the main accused, to find another council after his lawyers left. The hearing was adjourned to Monday, December 9.
The hearing on Tuesday, December 3, 2024 of the trial for misappropriation of capital at the Ministry of Humanitarian Action and Solidarity involving four state agents lasted only three hours. Started at 9:20 a.m., despite the fact that the main accused, Amidou Tiégnan, said he was fit to stand trial, unlike the hearing on November 29 where he declared himself unfit to appear for health reasons, the hearing yesterday was suspended at 12:30 p.m. and postponed until next Monday, December 9. In fact, the defendant’s lawyers withdrew from the case. Finding himself defenseless, Mr. Tiégnan pleaded for the court to grant him at least two weeks to find other counsel. The judges granted his request, but gave him until the next hearing (December 9) to find counsel. The reasons which led Mr. Tiégnan’s lawyers to withdraw are consecutive to the exception of unconstitutionality raised at the hearing.
According to them, article 118 of law 16 of May 3, 2016 relating to the fight against money laundering and the financing of terrorism in Burkina Faso is contrary to several provisions of the Constitution, in particular its articles 1, 4 and 5. “Article 1 paragraph 1 of the Constitution provides that all Burkinabè are born free and equal in law. However, article 118 of Law 16 discriminates because it prohibits my client from benefiting from a suspended sentence for money laundering,” lamented Geneviève Ouédraogo, one of the defendant’s lawyers. When an exception of unconstitutionality is raised, she noted, recourse must be had to the Constitutional Council to rule on the question. For the prosecution, there is no discrimination to the extent that the provision of article 118 applies to all citizens.
A decision that divides
This position is supported by the State Judicial Agent (AJE), Karfa Gnanou, representing the State in the case. However, Prosper Farama, representative of the National Anti-Corruption Network (REN-LAC), which became a civil party in the case, maintained that the exception of unconstitutionality implies that the constitutional judge rules on the question concerned. In this case, it is appropriate to grant the defense’s request, he said. After more than 30 minutes of suspension, the court granted the request of Mr. Tiégnan’s counsel to refer the matter to the Constitutional Council, but ordered the continuation of the hearing on the four out of five charges against the accused. . This decision was not to the “taste” of the defense lawyers who considered that the 5 offenses with which their client is accused cannot be dissociated. Hence their deportation from the file. As a reminder, Mr. Tiegnan born on November 5, 1984, women’s education advisor, married father of four children, is being prosecuted for forgery in public documents, use of forgery in public documents, embezzlement of public funds, illicit enrichment and money laundering. The person concerned admitted at the bar all 5 facts with which he is accused. His co-defendants, Salifou Ouédraogo, Philippe Bayoulou and Petroné Tarpaga are being prosecuted, among other things, for forgery in public documents, use of forgery in public documents, embezzlement of public funds, illicit enrichment, complicity in embezzlement of public funds, complicity in the use of forgery in public writing, complicity in forgery in public writing. The four accused were all present on the stand at the hearing yesterday, December 3.
Abdoulaye BALBONE