Affaire Aby’s Garden : Babacar Athie risque 3 avec sursis
The Aby's Garden case, between business partners Aby Ndour and Babacar Athie, was heard on December 5, 2025, at the Dakar Magistrates' Court. The public prosecutor requested a three-month suspended sentence and a fine of 200,000 CFA francs for Babacar Athie. The defendant is being prosecuted for obstructing the free exercise of his duties and destroying bank documents.
In court, Aby Ndour stated that her business partner, Babacar Athie, had disrupted the company's operations. She explained that he had embezzled 40 million CFA francs. Following his arrest, he repaid the funds to secure provisional release. After his release, Aby Ndour explained, the defendant returned to the restaurant and destroyed the company's BCI bank checks. This action prevented the payment of salaries and suppliers. Attorney Mamadou Guèye, representing the plaintiff, requested 10 million CFA francs in damages.
In his version of events, Babacar Athie admits to having crossed out the blank checks, claiming that he had guaranteed 40 million in the company's account. According to him, this was to prevent the money from being used.
The judge informed him that the bail money had been deposited with the Caisse des Dépôts et Consignations (a French public financial institution). The defendant stated that it was the public prosecutor who had instructed them to deposit the money into the company's account. To prevent the funds from being misused, he said he had crossed out the checks that had already been countersigned. Babacar Athie concluded by asserting that Aby Ndour had already withdrawn 20 million.
Her lawyer, Youssoupha Camara, asked the judge to dismiss Ms. Aby Ndour's civil suit. The defense cited the provisions of Article 2 of the Code of Criminal Procedure. Mr. Camara also raised UEMOA Regulation No. 15 concerning checks. He argued for the dismissal of the case without penalty or costs.
The public prosecutor specifies that Babacar Athie is subject to the provisions of article 411 of the Penal Code.
The case is adjourned for deliberation until December 12, 2025.
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