Senegal Financial Prosecutor Opens Judicial Inquiry into Rural Electrification Market

The Senegalese Financial Prosecutor has opened an investigation into a rural electrification market concluded between the Senegalese Rural Electrification Agency (ASER) and Spanish company AEE Power EPC SAU, following a complaint filed by Deputy Thierno Alassane Sall.

This development is significant for practitioners as it highlights the increasing scrutiny of public-private partnerships in Senegal. The investigation focuses on alleged irregularities in the execution of the rural electrification project, which was valued at 37 billion CFA francs (approximately 40% of the total market value). The probe aims to determine whether certain individuals and entities involved in the project engaged in corrupt practices, including embezzlement, bribery, and money laundering. The investigation's scope is broad, encompassing not only the companies directly involved but also their directors and other stakeholders.

The relevant statutes and regulations governing public-private partnerships in Senegal include the Public-Private Partnership Act (Law No. 2014-08) and the Decree on the Implementation of Public-Private Partnerships (Decree No. 2015-01). The investigation will likely involve the Section de Recherches de Dakar, which is responsible for conducting preliminary investigations into alleged financial crimes. The outcome of this matter is not yet reported.

Practitioners should monitor the development of this case, as it may set a precedent for future investigations into public-private partnerships in Senegal. Attorneys representing companies or individuals involved in similar projects should be prepared to address potential irregularities and ensure compliance with relevant regulations.