A case of breach of trust involving 49 million CFA francs was heard this Wednesday at the Dakar Magistrates' Court. The case implicates businesswoman Awa Ndiaye, 46, against businessman Adrien Waly Sarr, known as Saliou. The defendant was arrested by police at Blaise Diagne International Airport (AIBD) as she was preparing to leave the country.

In this case, Adrien Waly Sarr filed a complaint on April 24, 2026. According to the investigation conducted by the Dakar Urban Security Unit, the plaintiff stated that he had entered into a verbal partnership with Awa Ndiaye regarding a project to supply vegetables to the Auchan Senegal company. He claimed that he was to finance the operations while the accused was responsible for executing the contract. In this context, he stated that he repeatedly gave funds to Ms. Ndiaye totaling 64 million CFA francs.

However, he maintains that no services were provided in accordance with the commitments and that he only received a partial reimbursement of 15 million FCFA. He therefore estimates his damages at 49 million FCFA, not including the commission that was due to him under their agreement.

In his complaint, Adrien Waly Sarr explains that he was alerted by information that Awa Ndiaye was preparing a trip to France while the financial dispute was not settled.

Fearing he would never recover his investment, he contacted the police to protect his interests. The investigation then led detectives to the Blaise Diagne International Airport (AIBD), where the businesswoman was completing the boarding formalities.

With the assistance of the relevant airport services, Awa Ndiaye was apprehended and taken to the Urban Security for the purposes of the investigation.

When questioned, Awa Ndiaye admitted to receiving the 64 million FCFA mentioned by the complainant. However, she denied any fraudulent intent. According to her statements, she was merely an intermediary in this commercial transaction and handed the money over to a third party identified as Nogaye Diouf, whom she presented as the true executor of the vegetable supply project.

The shopkeeper claims that the latter is now nowhere to be found and is responsible for the failure of the project as well as the lack of full reimbursement of the amounts invested.

A landfill costing 37 million FCFA and areas of uncertainty

To support her version of events, Awa Ndiaye produced for investigators a receipt for an amount of 37 million FCFA, supposedly proving the handing over of part of the funds to Nogaye Diouf.

However, according to the findings of the investigating officers, this document does not cover all the sums received from the complainant. The investigators noted, in particular, an unexplained discrepancy of 12 million FCFA between the amounts claimed and the supporting documents provided.

Furthermore, no documents relating to the alleged contract with Auchan Senegal could be produced. Investigators indicate that no contract, purchase order, invoice, or proof of delivery was provided to demonstrate the actual existence of this commercial activity.

Asked to return the disputed sums, Awa Ndiaye stated that she was unable to do so. She did, however, mention the existence of a building located in Keur Massar and a personal vehicle that could potentially guarantee her financial obligations. According to the procedure, she nevertheless provided no evidence to establish the actual value of these assets.

In court, Awa Ndiaye, who appeared as a free woman, denied the charge of breach of trust against her. She stated that no money had passed through her hands. She placed the entire blame on Nogaye Diouf, the most conspicuous absentee at the trial.

Adrien Waly Sarr reiterated the statements he made during the preliminary investigation. The plaintiff submitted to the court, on a USB drive, a video in which Awa Ndiaye's son received 37 million FCFA. The video was shown in court.

When questioned for informational purposes, the young man stated that Awa Ndiaye was merely a neighbor. However, he admitted to being the person appearing in the video. He also acknowledged receiving the money, which he claims to have subsequently given to Nogaye Diouf.

Speaking again, Adrien Waly Sarr revealed that during his last cash handover, amounting to 20 million FCFA, Awa Ndiaye had led him to believe that Auchan had placed an order for pickles. It was only later that he realized this crop was not grown in Senegal.

His lawyer, Me Assane Dioma Ndiaye, believing that the facts of breach of trust are established, has claimed the sum of 60 million FCFA for all causes of damage combined.

The public prosecutor has requested the application of criminal law.

Following this, the defense, represented by Ms. Sayba Danfakha, primarily asked the court to consider the provisions of Article 457 in its deliberations. According to the lawyer, there was no fraud on the part of Awa Ndiaye, and she remains willing to reimburse the funds. As a secondary argument, Ms. Danfakha requested leniency in the application of the penal code.

The case has been adjourned for deliberation until June 17th.