Dossier ASER : Entre quittance contestée et fonds décaissés, le Pool financier cherche la cohérence
The referral to the Judicial and Financial Pool concerning a disputed receipt for 918 million CFA francs attributed to businessman Seydou Kane has reopened the ASER - AEE Power EPC case. This procedure raises questions about the origin of this document, which Kane formally denies issuing, even though the project's overall financial flows amount to a total of 37 billion CFA francs.
According to the case file, Seydou Kane, representing the local subsidiary AEE Power Sénégal SA, had properly registered the project with the Large Business Center of the Directorate General of Taxes and State Property (DGID), based on a letter of exemption granted by the Ministry of Finance. Conversely, the document in question, for 918 million CFA francs, was registered with the Dakar Liberté agency, a discrepancy in administrative procedures that has raised questions among investigators regarding the circumstances surrounding the document's appearance in the file.
On the legal front, the Spanish shareholder who initially filed the complaint withdrew its proceedings before the Senior Investigating Judge. Despite this formal withdrawal, the public prosecution continued, as the State Legal Agent took up the case and requested that it be investigated by the Judicial and Financial Pool.
The Senegalese subsidiary's defense rests on the fact that it handled the bulk of the administrative procedures and preliminary costs required for the rural electrification project. The accounting documents submitted to the file thus trace several regulatory payments made by the local entity.
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These payments include the fees of the expert from the Directorate of Public Procurement Control (DCMP), totaling 90 million FCFA, to be settled in three installments: an initial payment of 27 million FCFA on November 8, 2023; a second payment of 36 million FCFA issued on January 5, 2024, by Orabank check; and the remaining 27 million FCFA paid on January 19, 2024, by a second check from the same bank. In addition, there is the payment of the Public Procurement Regulatory Authority (ARCOP) fee of 91,833,980 FCFA, as evidenced by an official receipt dated March 6, 2024.
Analysis of the case file reveals a discrepancy between the nature of the sums examined by the courts. On the one hand, the investigation focuses on a receipt for 918 million FCFA, which resulted in no actual transfer of funds, as it was neither disbursed by the administration nor received by any operator. On the other hand, the main financing of 37 billion FCFA related to the electrification contract was actually disbursed to the Spanish partner. The judicial and financial authorities are now examining the consistency of these interconnected transactions.
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