Gambiaj.com – (DAKAR, Senegal) – The Senegalese Attorney General at the Appeals Court, Mbacké Fall, alongside Public Prosecutor Ibrahima Ndoye and El Hadj Abdoulaye Sylla, Director of Prosecutions at the Financial Judicial Pool, held a press briefing on Thursday to update the public on the ongoing judicial proceedings concerning the management of the COVID-19 Response Fund, as revealed by the Court of Auditors’ report.

The press conference shed light on the arrest of suspects, the legal actions taken, and the notable recovery of public funds misappropriated during the pandemic.

Prosecutor Ibrahima Ndoye confirmed that 27 individuals have already been brought before the prosecution and handed over to investigating judges, following the receipt of eight audit reports covering several ministries, including Health, Youth, Sports, Women and Family Affairs, Culture and Communication, and Mines and Geology.

“These investigations are proceeding with great efficiency. Since yesterday (April 16), arrests have multiplied. Cases have been transferred to the prosecution, and judicial inquiries have been launched and assigned to various judges,” Ndoye stated.

On his part, Mbacké Fall, the public prosecutor at the Dakar Court of Appeal, announced that five former ministers allegedly connected to violations in handling the Covid-19 fund will face charges and potential prosecution.

Focus on Surety and State Recovery

In a shift from punitive measures to a restitution-focused approach, Ndoye revealed that the authorities are prioritizing the recovery of stolen public funds through bail and financial sureties. He emphasized that this approach aligns with Senegalese law, which gives precedence to recovering embezzled public funds over incarceration in certain cases of economic and financial crimes.

“We are not in a predatory mode,” Ndoye clarified. “The goal of credible and effective justice is to deal with the criminal phenomenon in all its dimensions, ensuring that public disorder caused by crimes is addressed while also aiming for the reparation of damages.”

He disclosed that suspects have voluntarily offered sureties as a condition for staying free while investigations proceed, in line with the Code of Criminal Procedure. The total value of sureties registered and executed thus far stands at 258,448,233 CFA francs. These funds have been deposited at the Deposit and Consignment Office (CDC) pending final court rulings.

Meanwhile, since its establishment on September 17, 2024, the Financial Judicial Pole has facilitated the recovery of over 15 billion CFA francs through bail bonds and asset seizures linked to economic crime investigations, according to Financial Prosecutor El Hadj Alioune Abdoulaye Sylla.

In just seven months of operation, the institution has processed 292 cases involving 262 individuals, with crucial support from research divisions in Dakar, Thiès, and Saint-Louis. Most of these proceedings stemmed from investigation units, examining magistrates, and reports forwarded by CENTIF and OFNAC—underscoring the state’s intensifying efforts to combat financial crime.

Legal Pathways and International Reach

Ndoye elaborated on the legal conditions under which bail or provisional freedom may be granted, particularly in financial crimes. These include full reimbursement of misappropriated funds, valid health grounds incompatible with imprisonment, or solid legal guarantees.

The prosecution also signaled the launch of rogatory commissions—legal mechanisms that allow international cooperation for investigating and recovering hidden funds overseas. These will be crucial in cases where stolen funds have been transferred beyond Senegal’s borders.

State Over Prison

The Public Prosecutor underscored the philosophical underpinning of the current approach: “Efficiency is not only found in arrests and imprisonment. It also lies in replenishing the state’s coffers rather than filling prisons.”

He reiterated that all suspects remain under the presumption of innocence, and if acquitted, they will be entitled to the return of their posted sureties. However, if guilt is established, the recovered amounts will be retained by the state as compensation.

“This is not about vengeance or punishment,” Ndoye concluded. “It’s about restoring what belongs to the people of Senegal and preserving the financial integrity of the state.”

The press conference marks a significant moment in Senegal’s anti-corruption efforts, showcasing a commitment to both justice and fiscal responsibility as the country seeks accountability for the management of public funds during the health crisis.