Businesswoman Ndeye Fatou Diatta, also known as Ndeya Beauté, was tried this Wednesday in a Dakar court for breach of trust involving 27 million CFA francs, and sentenced to six months in prison. She was sued by many women who had contributed to the Ousu without ever receiving their money back. Among them, Niaba Baldé stated that she met Ndeye on TikTok where the defendant sent her a video explaining that she was managing the savings and loan scheme with a contribution of 375,000 CFA francs. Niaba claimed to have contributed 2 million FCFA but when when she asked to withdraw her initial investment, Ndeye refused, which led her to stop contributing altogether. When questioned by the judge about the whereabouts of the funds, Ndeye replied: “I have been managing tontines for five years. I have never had any problems. I encountered difficulties when they stopped making contributions.” The judge, however, pointed out that she had indicated during the investigation that she had used some of the money in her business. During the proceedings, one of the plaintiffs claimed Ndeye had assured her that the tontine was certified and overseen by the gendarmerie. She also told her that she would provide her identity document to be legalised at the gendarmerie in order to collect her contribution. The only male plaintiff, Talla Ndiaye, stated that he was abroad at the time of the events and claimed to have contributed 10 million FCFA. Part of it has been returned to him, but he was still owed 3,125,000 FCFA.
Seeking leniency from the court, Ndeye apologised to the plaintiffs: “I apologise. I am illiterate, which is why I didn’t manage my affairs properly. I beg you to release me so I can repay the money,” she stated. The plaintiffs demanded full reimbursement of their investments.
In his closing arguments, the public prosecutor asked the court to reclassify the charges from breach of trust to fraud, arguing that the defendant had never intended to return the funds. He requested a six-month prison sentence and a fine of one million CFA francs.
The defence, represented by lawyers Sayba Danfakha, Marème Dia Sylla, and Baba Diop, pleaded for leniency in the application of the penal code. According to Diop, the reimbursement of 22 million FCFA was made possible by generous individuals who had launched a fundraising campaign for his client.
In its ruling, the court found Ndeye Fatou Diatta guilty of breach of trust and sentenced her to six months in prison. The judge also awarded the plaintiffs the sums they had requested as reimbursement.
