Niger: judicial information opened against suppliers of the Ministry of Defense

Nigerien soldiers on the streets of Niamey, March 2020. (Illustration). Boureima HAMA / AFP

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In Niger, the Niamey public prosecutor's office intends to launch proceedings in the case of the audit by the Ministry of Defense. This audit had revealed, in its first provisional version, a shortfall for the state of 76 billion FCFA (about 110 million euros) via overcharges and the non-delivery of military equipment. The amount has since been revised downwards following negotiations, notably with suppliers, but in a press release the public prosecutor nevertheless believes that "the facts justify the opening of judicial information".

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The prosecutor lists several offenses that could be held against the persons named in the report and their accomplices: forgery and use of forgery in public writing, illicit enrichment, infringement of the freedom of access of candidates to public contracts, and complicity.

With this press release, the prosecutor marks a new judicial stage in a case that has already been talked about a lot. He also probably seeks to reassure those who questioned after the statements of the lawyers of the suppliers in question. The prosecutor says today that there is much room for prosecution. But will that be enough to wipe out the concerns of those who demand that justice do its job?

Crimes, not crimes?

Some people still wonder first because the prosecutor announces that the shortfall for the state has been reassessed and revised downwards. With regard to overcharging, in particular, proceedings only concern the amount of overcharging recognized by the suppliers themselves. That is a quarter of what was initially criticized. It is "  as if the file was already buried,  " said a lawyer with disappointment.

Furthermore, the qualifications used at this stage by the prosecutor are only akin to crimes and not crimes. The prosecutor notably excluded for example the embezzlement of public funds or the association of criminals, hence the surprise of certain lawyers. Especially since in the event of an offense, the detention regime is not the same, and the penalties incurred are also potentially more reduced.

►  Read also: Audit of the Ministry of Defense in Niger: the two main suppliers on the index

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  • Justice