After almost 5 years of waiting, the fine coal trial came to an end on Thursday 25 January 2024. The court dismissed the proceedings on the grounds of settlement. The defendants were acquitted in accordance with the prosecutor’s requisition.
The proceedings against Essakane, Bolloré now African Global Logistic (AGL) and the other defendants have been dropped. This is what the court has decided by pronouncing the public prosecution extinct because of the settlement.
While the trial was under way, Essakane company approached the Burkina Faso government with a view to reaching an out-of-court settlement, as provided for by law. In this agreement, Essakane undertook to pay a fine of 9 billion FCFA to the State of Burkina Faso. The State’s lawyer confirmed that the transactions were formalised between Essakane, AGL and the other defendants on 25 January 2024.
However, the prosecutor pointed out to the court that the transaction could not extinguish the offence of money laundering, which is a separate offence. In this case, the court dismissed the Essakane and Bolloré companies for non-constitutional offences.
In addition, the court “acknowledges that REN-LAC is not a civil party”, i.e. that it is not taking legal action and is not seeking compensation.
It also ordered “the return of the entire cargo, comprising 32 containers, objects and canteens seized in the proceedings, as well as the samples taken and the products of the forensic examination, to the State of Burkina Faso”.
The court also ruled that “the acts of forgery and use of forgeries in private and commercial writing alleged against the defendants Essakane, Bolloré and the other defendants constitute the offence of fraud in relation to the marketing of gold and declares the related public prosecution to be extinguished by reason of the settlement”.
As a reminder, the fine coal trial began in December 2018 with the seizure of the Essakane cargo that was being exported to Canada.
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