Tuesday, August 28, 2018

Issa Tchiroma Bakary sentenced by Court of Yaoundé for refusing to pay a service provider


Cin | Court of Yaoundé condemns the Minister of Communication to pay the sum of 35 million FCFA to a provider after renovations of his office and that of some of his staff.

For the past five years, Soulemane Oumarou, owner of the Soul-Oumar establishments and service provider, has claimed a debt of 35 million FCFA from the Ministry of Communication after having carried out various major projects. In particular, the renovation of the cabinet of Minister Issa Tchiroma Bakary, and those of some of his collaborators including that of the director of general affairs, the director of legal affairs, among others.

According to Kalara of Monday, August 27, 2018, all the proceedings brought to recover his due had proved futile until he turned to the Administrative Court of Yaoundé, almost as a last resort to finally obtain justice on August 14, 2018.

Indeed, we learn, Soulemane Oumarou seized the jurisdiction in April 2017, claiming that he was retained by the Ministry of Communication in 2012 to carry out work on the rehabilitation and beautification of the office of Mr. Issa Tchiroma Bakary, Minister of Communication, and also that of some of his collaborators.

The service provider reports that all of these works have been completed in accordance with the regulations and within the given deadlines. Anything that justified at the time the issuance for his benefit of a "certificate of service done", an act attributed to the Minister of Communication. However, after introducing his expense report, the entrepreneur was surprised to be opposed by the Minister of Communication.

In court, the Ministry of Communication argues that the allegations of Mr. Soulemane Oumarou are totally unfounded. According to the administration, the service provider not only unilaterally fixed the amount of his services, but he also presented a "proforma" invoice for the said services after the execution of the work. The Ministry of Communication therefore considers that these invoices do not engage in anything since established from his point of view in margin of the provisions of a circular ignored by the head of company.

On the other hand, for the State, the certificate of service attesting to the effectiveness of the performance of the works relied on by Soul-Oumar to require the payment of its alleged claim was issued by an incompetent authority, particularly a Head of the Ministry of Communication having been delegated the signature of Mr. Issa Tchiroma Bakary.

The public prosecutor's court found the company's petition admissible and well-founded and then required the sanction of the college of judges, which ordered the State to pay the contractor the sum of 34,999,000 FCFA representing the amount of his unpaid bills. The costs generated by the procedure were left to the public treasury.