President Bassirou Diomaye Faye, who spoke with Ms. Nafy Ngom Keïta, proposed that she work on a new reform of Ofnac and possibly take over its presidency. The institution was reformed last January, giving it broader powers, such as the right to place an accused person in police custody or to engage in penal mediation.

President Diomaye Faye received Mrs. Nafy Ngom Keïta. Former president of the national office to fight against fraud and corruption (Ofnac), the former inspector general of State may return to service at President Faye’s request. Le Quotidien has learned that, during this audience, he asked her to work on reforming the institution now headed by former public prosecutor Serigne Bassirou Guèye. BDF also offered her the presidency of Ofnac, of which she was the first director. When the structure was created, Macky Sall entrusted her with the reins… before relations between the two ended in open conflict.

Although law n°2012-30 of December 28, 2012 creating Ofnac stipulated that the terms of office of the Chairman, Vice-Chairman and other members, appointed by decree, are for a period of three (3) years renewable once, President Sall did not want to give her a second term. In July 2016, he replaced the former Auditor General with magistrate Seynabou Ndiaye Diakhaté. While the former President maintained that Ms. Ngom’s mandate “had come to an end”, she claimed the opposite. She appealed to the Supreme Court “for the annulment of the decree illegally terminating the term of office of the President of Ofnac”.

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For the moment, we don’t know her answer, but it would be revenge for the former Inspector General of State if she decided to return. At the same time, we don’t know the contours of the future reform desired by President Bassirou Diomaye Faye. The institution was given a makeover barely 4 months ago. Last January, the National Assembly adopted law n°22/2023 amending law n°2012-30 of December 28, 2012 establishing the national office to fight against fraud and corruption (Ofnac) and draft law n°23/2023 amending law n°2014-17 of April 2, 2014 on the declaration of assets, after the State recognized the need to increase its powers of anticipation, mediation, training and the fight against corruption.

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As a result, Ofnac’s powers have been extended, and the latest reform covers 4 specific areas: the strengthening of the office’s investigative powers through the possibility of taking into police custody, the statute of limitations for public action, illicit enrichment and the mandate of its members. With regard to his new prerogatives, the President of Ofnac may, following the investigation, if one or more persons have been arrested, transmit the case file directly to the Financial Public Prosecutor or to any other competent authority, or proceed with a dismissal of the case. Those arrested may also be deferred to the court.

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The same reform has also extended the scope of liability to a number of public officials holding senior positions, whether or not they manage public funds. However, it specifies that the provisions of the present law do not apply to the President of the Republic, whose assets must be declared in accordance with Article 37 of the Constitution. The same applies to magistrates of the Court of Accounts, who declare their assets in accordance with the conditions set out in the organic law governing the status of magistrates of the Court of Accounts.

It should be added that the latest amendment to the law concerns the term of office of Ofnac members. They are appointed by decree for a 5-year term, renewable once. In addition, the duties of Ofnac’s Chairman can only be terminated early in the event of death, incapacity, resignation or gross misconduct. “The impediment of the Ofnac Chairman is established by a unanimous vote of the members on the report of the Vice-Chairman”, reads the Official Journal. What’s behind this reform by the new authorities? It could make it easier to change the structure’s president. Le Quotidien was unable to contact Ms. Ngom.

By Bocar SAKHO / bsakho@lequotidien.sn

  • Translation by Ndey T. SOSSEH