Daouda Ngom: Légalité Contrats 'Un étudiant, un ordinateur' Sénégal Nulle

• Daouda Ngom, the current Minister of Higher Education, Research, and Innovation, denounced severe irregularities in Senegal's "Un étudiant, un ordinateur" program during a parliamentary inquiry.
• Ngom claims contracts for the 2025 edition are legally void due to breaches of public procurement rules.
• Key issues include the program's absence from the ministry's procurement plan and non-registration with the Direction centrale des marchés publics (DCMP).
• Ngom cited articles 27 and 28 of the Code des marchés publics and a 2006 law as grounds for absolute nullity.
• The minister engaged the Autorité de régulation de la commande publique (ARCOP), whose report supported his claims of non-compliance.

The contracts concluded are void and of absolute nullity.

Daouda Ngom, the current Minister of Higher Education, Research, and Innovation, recently testified before a parliamentary inquiry commission, where he brought to light significant procedural flaws within the "Un étudiant, un ordinateur" program in Senegal. Ngom asserted that the contracts associated with the 2025 iteration of this initiative are legally invalid due to substantial deviations from established public procurement regulations. His testimony detailed how these issues came to his attention shortly after assuming his ministerial role.

Ngom recounted that he became aware of the program's operational deficiencies just three days after his appointment on September 15. He noted that the "Un étudiant, un ordinateur" program was conspicuously absent from the official service handover documents. Despite this omission, a budgetary execution table indicated a substantial allocation of 6 billion FCFA for the program, with half of this amount already expended. Administrative personnel subsequently informed the minister about a series of irregularities spanning the period from 2017 to 2025, further underscoring the systemic nature of the alleged non-compliance.

The core of Daouda Ngom's allegations centers on the legal validity of the contracts, which he contends are subject to absolute nullity. He specifically highlighted that the "Un étudiant, un ordinateur" program was neither included in the ministry's procurement plan nor registered with the relevant competent commission. Furthermore, it was not formally immatriculated with the Direction centrale des marchés publics (DCMP), a critical step for public contracts in Senegal. These omissions, according to Ngom, represent fundamental breaches of the Code des marchés publics.

In his address to the deputies, Ngom referenced articles 27 and 28 of the Code des marchés publics, alongside the 2006 law that amended the Code des obligations de l’administration, as the legal basis for his assertion of nullity. He detailed his department's engagement with the Autorité de régulation de la commande publique (ARCOP), initiating contact on September 3 and submitting a formal denunciation on September 15. The ARCOP report, which was published on November 21, was officially received by Ngom on November 22, subsequently reinforcing his position that the contracts failed to meet legal requirements.

Following the ARCOP report, Daouda Ngom staunchly defended the actions taken by his ministry, maintaining that the contracts in question were fundamentally flawed and lacked legal standing. He unequivocally stated that "The contracts concluded are void and of absolute nullity," emphasizing the gravity of the non-compliance. Ngom advocated for a future where the "Un étudiant, un ordinateur" program, and similar initiatives, are rigorously managed through procedures that strictly adhere to public procurement rules, encompassing proper tendering, control, and approval processes, with the active involvement of all competent structures.

While acknowledging his hierarchical and moral responsibility as the supervising minister, Ngom clarified that the irregularities were brought to his attention by his collaborators only after his arrival at the ministry. This distinction underscores his position that he acted upon discovering the issues rather than being complicit in their creation. The minister's testimony highlights a critical need for enhanced oversight and strict adherence to the Code des marchés publics to prevent future instances of irregularities in public procurement in Senegal and potential nullity of public contracts in Senegal.

Lawyers advising on public procurement in Senegal should be aware of the heightened scrutiny and potential for nullity of contracts that do not strictly adhere to the Code des marchés publics and related regulations. This case highlights the critical importance of rigorous compliance with tender procedures to mitigate legal risks for clients engaged in or seeking public contracts.

Source: Original reporting on Daouda Ngom's testimony.