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Ombudsman Benin et Niger Visit Porto Novo et Cotonou

2020/03/12 12:49:17 PM

Fin De La Visite De Travail Du Médiateur De La République À Porto Novo Et À Cotonou (Bénin) : Me Ali Sirfi Maiga Et Son Homologue Du Bénin Mènent Une Médiation Sur Le Différend Opposant Le CNUT Et Ses Partenaires Du Bénin

The Mediator of the Republic, Me Ali Sirfi Maiga, paid a working visit to Benin from March 3 to 7, 2020, at the invitation of his Benin counterpart. This displacement of Me Ali Sirfi Maiga in the Beninese capital, Porto Novo and in Cotonou, follows a complaint from the Nigerian Council of Users of Public Transport (CNUT) to the Mediator of the Republic, relating to several litigation files with his partners from Benin and Togo.

mediator Benin-niger visit cotonou_portonovo

This concerns the recovery of unpaid claims from shipowners' remuneration commissions in the amount of FCFA 944,260,338 as of 31/01/2020, at the level of the representation in Cotonou; reactivation of the file relating to the deconsignation of the Special Flat-rate deposit (AFS), in the amount of 478,150,000 FCFA, corresponding to 9,563 files transmitted since 2007 but not disconnected and clarification of the current situation of this file 2007 to 2020; speeding up the procedure for obtaining land title for the residence of the CNUT Representative in Cotonou; consultation with Nigerien transporters operating on the Lomé port platform on the application of Decree No. 2018-320 / PRN / MT of May 14, 2018,

As soon as he received the file, the Mediator of the French Republic informed his peers in Benin and Togo who suggested that he hold an exchange meeting between the different parties in Benin. Thus, a first meeting was held on Tuesday, March 3, 2020 between the delegations of Niger and Benin at the headquarters of the institution of the Mediator of the Republic of Benin in Porto Novo. This meeting was co-chaired by the Mediators of the two countries. During this meeting, the Mediator of the Republic of Benin, Joseph Gnonlonfoun, recalled the bonds of friendship and brotherhood which unite the two countries and the two peoples before dwelling on the use of the port of Cotonou which is and remains the natural port of Niger.

Speaking in turn, the Mediator of the Republic of Niger also thanked the Beninese authorities and the members of the Beninese delegation for the warm and fraternal welcome reserved for the Nigerian delegation. Mr. Sirfi also recalled the historical and geographic relations which bind our two countries before indicating that the files which have been submitted to them are very old and have known various levels of discussions and decisions before arriving at this stage where the intervention of the Mediator of the Republic finds its particularity and its justification. Me Sirfi finally insisted on the role and the mission of a Mediator of the Republic before wishing good luck for the holding of the works in the courtesy, the tact and the spirit of concession so that triumph the understanding and wisdom.

After the two speeches, the Director of Complaints at the Office of the Mediator of the Republic of Benin read out the memoranda relating to the three files mentioned above that the Mediator of the Republic of Niger sent them, in the course of February 2020. Word was then given to the Nigerian side to express themselves on the quintessence of the memos read and to provide clarification. In light of the discussions held, the meeting recommended that a second meeting be held the next day to better tie up the files. The two delegations were also asked to exchange all the documents relating thereto and necessary for a better understanding of the files before the next meeting on Wednesday 4 March in Cotonou. This second working session focused on the study of complaints files lodged by the Mediator of the Republic of Niger with his counterpart in Benin concerning the relationship between the CNUT and its partners in Benin. Three files were approached relative to the object of the complaint: The files of the CNUT's claims due by the consignees; the file for the termination of the Special Fixed Deposit; the file of the request for obtaining the land title on the domain acquired by the CNUT in Benin. the file for the termination of the Special Fixed Deposit; the file of the request for obtaining the land title on the domain acquired by the CNUT in Benin. the file for the termination of the Special Fixed Deposit; the file of the request for obtaining the land title on the domain acquired by the CNUT in Benin.

At the end of the exchanges between the two parties, it should be remembered: With regard to the first file, a review of CNUT's claims with its partners in the Benin port platform was made. Actions have been recommended to recover these receivables as soon as possible. The Mediator of the Republic of Benin received the various documents relating to these claims and to the regulatory framework governing the relationship between the CNUT and the consignors / shipowners. With regard to the deconsignment of the AFS on the Benin-Niger corridor, again the point of the Special Fixed Deposit (AFS) files not disconnected until 2007 was made and relates to 5,980 files and the need to proceed with the settlement as soon as possible of this deposit has been retained.

Finally, with regard to the request to obtain the land title which constituted the third point of complaint of the CNUT, the study of the file revealed that the National Agency of the Domain and the Land (ANDF) has not yet registered a request of the land title in the name of the CNUT. Transfer documents retracing the various owners of the estate have not yet been taken. Nor does there exist, as of today, a notarized deed of sale signed between the CNUT and the seller, Mr. Georges Abalo. It is proposed that this notarial act be taken by the notary as soon as possible. A chronogram of the actions to be carried out in the context of the settlement of the three files was subsequently developed.

At the end of this working session, the following recommendations were formulated: It is the organization of a working session between the CNUT and its partners of the Cotonou port platform to remind the obligations which are the responsibility of the parties; the strict application of the texts regulating the relations between the CNUT and its partners, in particular the implementing regulation N ° 0003/2019 / COM / UEMOA, of March 04, 2019, determining the rate, the methods of collection and distribution of the fees payable by community and foreign shipowners operating an international transport service; the need for the CNUT to ensure better monitoring of its debtors.

This Cotonou meeting ended on a note of general satisfaction from the different parties in view of the results obtained. Finally, it should be noted that the Niger delegation was led by the Mediator of the Republic, Me Ali Sirfi Maiga, who was accompanied by the Director General of the CNUT, Mohamed Ikta Abdoulaye and their main collaborators.

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