With his famous hypothetical-deductive gymnastics with strong hints of subjectivism, Oswane Sonko is caught in his own trap.
In fact, the proven facts narrated one by one in the article can not be more factual proof that the leader of the Pastef party is the victim of its own disorders. Sonko and his shots are simply dismantled! Explanations To understand this case, we must return to the famous PASTEF party letter. In this mission, Osween Sonko puts his pen in a vignette.
The letter "denouncing" is addressed to the State Prosecutor, the various state control bodies, namely IGE, OFNAC.
In his explanations that do not contain water, Ousmane Sonko writes that he has discovered filleria, ie. diversion of public funds, i. big money (the sum of 100 million CFAs).
It all started on November 12, 1997 (you have no gazebo). That was under the regime of President Dioph.
This day, President Abdul Diouf puts his signature on the same basis as his then head (editor's note: Hibib Thiam).
This was a decree 97-119 / Mefp / Dgid / Dedt "declaring public utility of the Rufisque Disinfection Plans Development Program", "Announcement of Transferable Registered Buildings Required for Implementing the Program" and "Prescribing the Registration of the Dependencies of National domain included in the project ".
Article 1 of the Decree states: "The project to develop a program for potable landfills disinfected in Rufisque by Sn Hlm has been declared to be of public utility, whereas Article 2 declares transferable registered buildings necessary for the implementation of a program.
A table annexed to the Decree lists the 23 lands, some of which belong to Maha Kohman, Biao Senegal, Demba Guay, and others.
The name of land 1451 / R refers to the families in Rufisque, Sofico of Tahirou Seydou Sarr, Mercalex of Ousmane Sonko, SAIM of Fire Djily Mbaye …
But this is the eleventh plot intrigue that appears on board, that is, TF 1451 / R of 254 hectares from 13 to 93, designated at that time as the property of Simon's independence of the billionaire Lougatois, Djily Mbaye.
However, on February 4, 1959, the same name Tf, located in the city of Dyquanne, on the outskirts of Rufis, was registered in the name of Oswane Menge, Fatto Ndey, Binta Ndee and Marime Menge.
Nevertheless, on 8 April 1978 and 28 February 1979 the land was the subject of a notarial act of sale for the benefit of Simon Independence.
Initially, a decree to seize Me Wade's predecessor on the levers of the executive.
That sale was, however, challenged by the cancellation procedure which was the subject of Court of First Instance Dakar judgment No 157 of 21 January 1998; Decision No 618 of 5 April 2000 issued by that court; Decision No 451 of 12 March 2005 of the Dakar Court of Appeal; the decision of the Supreme Court of Senegal No 53 of 2 June 2010 and finally the decision of the Court of Appeal of Kaolak of 9 February 2012. So the sale is canceled. According to the decision of 9 February 2012, which became final on March 12, 2012 and was not appealed or opposed, the names of the real owners of TF 1451 / R were entered.
The state takes 254 hectares for families and is dead for more than 15 years
Prior to completing the above procedure, Sim's independence, which, being summoned to the court to annul the act of sale, committed to get rid of Tiff. Thus, in 1996, she undertook to exchange with the State of Senegal, Tf ¹ 1451 / R against another building. However, due to the reference to the invalidity summons initiated by the Ousmane Mbengue heirs and the registered re-rating resulting from the on-call annulment procedure of 13 July 1995, the Senegalese State preferred instead of an apparently void exchange on – to pass through the alienation for public benefit soon, to acquire Tr. Thus, on 12 November 1997, Abdu Duff adopted the decree mentioned above.
More than 15 years after this decree, the beneficiaries to which the state has taken 254 hectares have not yet been paid, as required by the expropriation law.
You will have to wait until June 10, 2016 to see the end of the tunnel of the five families (Owami Ndee, Fatuma Ndie, Ndjaga Ndie, Binta Ndee and the Omasman Menge family). They have agreed with the financial intermediary and the trading company (Sofico Sa), represented by its managing director, Seydou Sarr dit Tahirou, to transfer the claim they have to the State as compensation for the expropriation for public benefit for which they are subject and relating to part of the landed property number 1451 / R, devoted to Decree No 97-1119 of 12 November 1997
For labor, by buying debt, a third company, a factoring company (English factor), buys receivables from a company.
"The ratio is made by that debtor of the receivable and, in the place of the original creditor, he will take care of all steps to recover the sums corresponding to the redemptions, and they will bear the costs and bear all the risks, including the risks of uncollectibility" , explained by a dedicated website.
And that's what Sophie will do as he has paid for 2.5 billion FCfa Yeri Diakhaté, agent of the Owmy Nude family; Saliou Ndiaye, proxy of the Fatoumata Ndoye family; Mass Sène Gningue Sarr, proxy of Ndiaga Ndoye's family; Abdu Mbenge, proxy of the Omasman Menge family and Ibrahima Sarr, proxy of the Binta Ndoye family.
In addition, Sofica pays $ 300 million to Me Massata Mbaye, who has performed all proceedings on behalf of the heirs and 30 million FCFA per broker. Then the private debt transfer case was deposited in the rank of Master Lika Ba's Notary Office on 17 November 2016, the rights holders, claims and claims recognized in a certified manner by an act dated July 2, 2014 issued by the Conservative of Real Estate and Land Rights in Rufisque's office transferred to the applicant company all its rights, shares and receivables on land number 1451 / R. It is now up to Tahirou Sarr to recover his claim and no doubt an interest on the part of the state. What was not done until yesterday, despite the 3 billion released by Sofica.
Purchase of debts signed in June 2016 between families and Sofico Sa de Seydou Sarr dit Tahirou
However, on October 5, 2018, 11 days before Ousmane Sonko's forfeiture and more than two years after redemption, Sofica receives a letter of formal notice bearing the title Mercalex, which also states that it acts on behalf of … the same heirs who have already entered 2.5 billion FCFA.
Two years later Mercalex, who says he is acting for the same heirs with whom he signed an agreement, writes to Sofica.
According to the documents, Mercalex is a very "young" tax broker since it was created on 29 June 2018 under the SNDKKR2018B1836 trade register and is housed in Marists, Lot 14 of the Ousmane Diop Building. His manager is Ismaïla Ba and the company has corporate, tax, accounting, financial, management, research and consulting activities.
According to his profile, Linddinin, where he posted in the background & Solutions & # 39; Ousmane Sonko until 23 October 2018 (see Capture made the same day), Ismaïla Ba is also Associate Director at Atlas Sarl. On the Atlas site we find his presentation: "Atlas's management is carried out by lawyer-tax specialist, Mr. Ismail Ba, with a degree in economic and commercial law and a Master's degree in Business Taxation. He is also a tax expert, a memoress of the order of experts from Senegal.
After more than 15 years of experience in tax consultancy, in companies, including multinational quoted companies, he chose a new challenge, a new challenge as an associate director of Atlas Sarl.
Briefly, in the letter entitled "Rules of TF 1451 / R by 121 hectares", he writes: "By a mandate of September 13, 2018 they also come to order on behalf of the heirs of TF 1451 / R whose main purpose is to we find a final settlement of the case quoted in the site in the best interests of the heirs Based on our guidance on the case mentioned above, we have found a reconciliation report on 19 June 2016 where some heirs, Holders of Rights, Shares and Claims on Land 1451 / R on an area of 258 hectares transferred their right to and forging of Sofico Sa in exchange for one of the two billion five hundred million Fcfa. "
Merkalex, who summoned two judgments rejecting the homologation of the reconciliation protocol signed between the two parties, added: "In addition, in the context of the investigation of the file, it seems that after the acquisition of the receivables, Sofico Sa, which you are the legal representative has agreed with the office of Ngor Almadies' domains on part of title 1451 / R with an area of 1217707 square meters at the rate of 37 000 Fcfa per square meter is a global value of 44,833,159,000 Fcfa, an amount for which Sophie claims to be has agreed to pay the heirs, for e You may agree with the State of Senegal for the same amount. To date, the heirs have not received that amount specified in the act of consent ", blaming the letter.
A commission of 12% for Osweine Sonko in the background
The Merkalex boss discovered a violation: "By reminding you of the purpose of the final decision in the best interests of the heirs, we reaffirm the good will to reconcile to give a privilege (a note that is marked in black) a friendly way to protect In the absence of amicable settlement within eight weeks of receipt of the mail we will use all legal remedies to protect the interests of our mandates inheritance of title 1451 / R. "
The same letter will be sent to Tahirou Sarr as UEMOA General Director for Land Forfeiture. Aside from the letter mentioning this time, the CFU agrees with the office of the Ngor Almadies districts on part of the same title on an area of 1350000 square meters at 37,000 FCfa square meter totaling 49.9 billion FCfa. According to an expert report from Libération, Cfu and Sofico could hope for something else.
Anyway, adding the two amounts of consent – which were not paid until yesterday – we get $ 94 billion that "Mamour Diallo would have diverted"; while the name of the director of domains is not mentioned anywhere in all the documents we consulted, and yet these two consents – never paid – which Sonko calls in his letter of denunciation, which reminds of "misuse of public funds" taking care not to mention a name.
"For final agreement after meeting with Sonko"
There is another thing: a month earlier, on 13 September 2018, Merkalex signed a "mandate agreement" with tax adviser Abdurrahmane Balde, which gives him the right to "play the role of conciliator in case 1451 / R". In particular, "the agent's overall objective will be to reach a friendly solution in the above-mentioned case" and "in the light of the implementation of his mandate, the agent will receive remuneration of 10 per cent of the net amount of the mandate in the context of resolving the case" under the contract.
The basic principle was based on 12% of the amounts that would have been reimbursed in an agreement signed with the same heirs paid against a separate exemption from Sofica.
On September 24, 2018, 11 days after the signing of this mandate, Sofica received a letter inviting him to … a friendly deal, with the same arguments from Mercalex but signed by Ab Partners at Sicap City Keur Gorgui.
What about his manager? This is, according to the list, Abdurahmane Balde. Prior to this letter, the latter sent several messages to Tahirou Sarr (see Article for the famous SMS).