ONRAC Vente Contestée de Véhicules Saisis: Dane Sarr SN

• The sale of 27 seized vehicles by ONRAC is disputed due to the applicable rules when the judicial procedure is not definitively settled.
• Nothing indicates that the vehicles were exposed to immediate depreciation, according to Babacar Ba.
• The transaction raises questions about its qualification as a public auction and the involvement of public entities.
• The application of Article 677-49 of the Code de procédure pénale is unclear in this case.

Nothing indicates that the vehicles were exposed to immediate depreciation, according to Babacar Ba.

The Office national de recouvrement des avoirs criminels (ONRAC) has been involved in a contentious sale of 27 seized vehicles as part of the proceedings against Dane Sarr. The sale is disputed due to the applicable rules when the judicial procedure is not definitively settled. According to Babacar Ba, president of the Forum du justiciable, nothing indicates that the vehicles were exposed to immediate depreciation. He believes this situation requires clarification from ONRAC, whose operations now involve significant amounts.

In the absence of an irreversible confiscation decision, the sale of a seized asset can only be ordered exceptionally, particularly when it is at risk of deteriorating or losing its value quickly. The transaction raises questions about its qualification as a public auction, as it would have opposed two public entities: ONRAC and the Primature. The Dakarois 221 reports on the doubts raised regarding the application of Article 677-49 of the Code de procédure pénale. Babacar Ba requests clarification on which authority authorized the operation: the investigating judge, the financial prosecutor, the Presidency of the Republic, or the ONRAC board of directors.

The sale of 27 seized vehicles by ONRAC has sparked concerns about compliance and irregularities in the sale of seized assets. The transaction's lack of transparency and the involvement of public entities raise questions about the application of Article 677-49 of the Code de procédure pénale. Lawyers should be aware of potential exposures and irregularities, particularly with regards to the application of this article. The ONRAC's operations have grown significantly, with 19 public auctions in six regions generating 2.23 billion FCFA in revenue in 2025.

Lawyers should watch for potential compliance exposures and irregularities in the sale of seized vehicles by ONRAC, particularly with regards to the application of Article 677-49 of the Code de procédure pénale.

Source: Original reporting via Dakarois 221